Essay on vicarious

The most important element to establishing a case for vicarious liability is that the wrongdoer be acting as a servant or employee, and that the wrong done be connected to the employees course of employment. Vicarious liability can only be imposed if it is proved that the employee was acting ? n the course of employment.

The idea of complete liability for the wrongs of servants or slaves during the early Anglo-Norman period slowly changed to the idea of liability only where there has been command or consent on the part of the master of the servant’s wrong.

The Development of Vicarious Liability under English Law A major portion of primitive law is based on revenge which normally, is arbitrary. The Mosaic Code (Moses Law), however, states expressly that each man should be put to death only for his own sin and not for that of his father or son.

Vicarious liability means liability which is incurred for or instead of, another. A person is responsible for his own acts. But there are circumstances where liability attaches to him for the wrongs committed by others. The most common instances the liability of the master for wrongs, committed by his servant.