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Posted on Oct 29, 2020

Vijay runs a popular local restaurant and occasionally hires Dilpreet as a dancer to entertain patrons. One evening a regular customer, Winston, is celebrating his

Vijay runs a popular local restaurant and occasionally hires Dilpreet as a dancer to entertain patrons. One evening a regular customer, Winston, is celebrating his 85th birthday with his family. Winston had been drinking some alcohol but later claims he was definitely not drunk when Dilpreet enticed him to dance with her. As the dance got faster Winston made every effort to keep up with her but, unfortunately, he had a fall breaking his leg. This has never happened at Vijay’s restaurant before and it has never happened to Dilpreet either. Winston has no previous history of leg injury. Explain how the rules of vicarious liability may be applied to this case.

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Under the concept of vicarious liability one person is held responsible for the wrongs committed by the other The doctrine of vicarious liability is also known by the name of joint liability Vicarious liability can occur under both civil and criminal law Such liability arises only when there is some legal relationship between the two parties or the parties are somehow connected to each other Relation There should be some relationship between the wrongdoer and the other party The relationship can be of principalagent masterservant employeremployee etc Under service also there are two categories Contract of Service Under this contract one person is already under the contract of the other and the service is of particular nature This is a kind of general contract and there are not many limitations on the controlling power over the other for instance masterservant relationship The contract for Service This is a contract for a particular reason and there is a limitation on the controlling power over the acts of the other for instance employeremployee relation Ratification Under torts or civil law a person may also be liable for the wrongful act or omission of some other party in the following ways If the person abets the wrongful act or omission committed by the other person If the former ratifies or authorizes the activities of the other knowing that the act committed or omission done was tortious in nature As standing towards the party who committed a wrong in such a relation that it entails responsibility for the acts or omission done by the other person The concept of in the course of employment also comes into play when the doctrine of vicarious liability is evoked An act is deemed to be done in the course of employment if the authority to give a wrongful act is given by the master to the servant or some legal act is done by the servant in an illegal way Reasons for Holding the Master Vicariously Liable Respondent superior this principle follows the rule that let the principal or master be responsible Damages for the purpose of giving the damages to the aggrieved party and to stop the blame game between the servant and the master Avoiding exploitation of the servant master is also held liable for the acts of the servant because many time the masters exploit their servants by first directing the servants to do some tortious act and then firing them to avoid responsibility Qui facet alium facet perse any act which is done by the servant in the course of his employment is considered to be done by the master and in principle means that the master has done the act Conclusion It can be said that the concept of vicarious liability is a ... blur-text-image