PROJECT TOPIC

VICARIOUS LIABILITY

SUBMITTED BY
PRAGYA SWARAJ BBA.LLB. (2021-2026)
ROLL NO- 2623 , 1st SEMESTER

SUBMITTED TO
MRS NIDHI KUMARI
FACULTY OF LAW OF TORTS

This Rough Draft is submitted in partial fulfilment of project on LAW OF

TORTS

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

 CONTENTS
Sr.no Topic

1. INTRODUCTION

2. RESEARCH METHODOLOGY

2.1 AIMS AND OBJECTIVES

2.2 HYPOTHESIS
2.3 SCOPE AND LIMITATION

3. RESEARCH QUESTION

4. CHAPTERIZATION

5. SOURCE OF DATA

6. BIBLIOGRAPHY
INTRODUCTION

At common law, the crown could not be sued in TORT for wrongs that it had
sanctioned or that its servants had committed while on the job.

Furthermore, no action could be taken against the department head or any top
officials for the actions of their subordinates because the relationship between
them was one of the fellow servants, not master and servant. The perpetrator
was personally accountable, and he could not rely on the defence of a royal
command or a governmental necessity.

When one person is held liable for the actions of another, this is known as
vicarious responsibility. When an agent commits a tort while performing his or
her duties as an agent, he or she is liable
(1) Liability of the principal for the torts of his agent;
(2) Liability of partners for each other
(3) The master's liability for his servant's negligence.

So, in circumstances where one person is liable for the actions of another,
vicarious liability is used.

Others' actions It is regarded as an exception in the realm of Torts.

the concept that a person is entirely responsible for his or her actions.
RESEARCH METHODOLOGY

The researcher will be relying on a doctrinal method of research to complete the

project. These involve various primary and secondary source of Literature and
English.

AIM AND OBJECTIVE OF THE RESEARCH

 To Discuss (in brief ) the concept of Vicarious Liability and its

principle

 To discuss the subject matter and its position

 Discuss and analyze various case laws related to test of control for
establishing vicarious liability

HYPOTHESIS
The researcher is of the view that it has been endeavoured to find the
concept of vicarious liability and how the company can be held
liable for the act done by an employee in its course of employment
and also the difference between a servant and independent
contractor.

SCOPE AND LIMITATION

The researcher only has a limited amount of time to complete the project.
Background information is important for getting a bird's eye view of a topic,
and it can only be obtained through extensive and effective reading over time.
However, the essential materials are not available through our library's e-
resources access. The researcher has limited access to numerous reports and
other kinds of relevant material, but due to limited access and time constraints, a
large amount of the required literature is not at the researcher's disposal.

RESEARCH QUESTION

The researcher embraces the following as the primary question of research

 The test of control is generally not used even in cases where it can be?

 Test of control is not an essential ingredient to hold master’s vicarious

liability?

CHAPTERISATION

Introduction to Vicarious liability

This chapter covers one of the important topics and contains a brief
explanation of vicarious liability. This is one of the most important topics
of torts of law. Here the researcher has tried to explain Vicarious liability
in brief.

Principal and Agent

This chapter discusses the relationship between Principal and Agent.
Here the researcher has tried to discuss the relationship between both and
it is one of the important relationships

State Bank of India vs. Shyama Devi

Here researcher has tried to discuss one of the landmark cases in torts of
law to give a better understanding of the concept of Vicarious liability
and its distinctions.

Master and Servant relationship

 Here the researcher has tried to discuss the relationship between Master
and Agent that is different from the principal and agent that has been
discussed above.

Difference between Servant and Independent Contractor

Here the researcher has tried to differentiate between Servant and
Independent Contractor to get a bird eye view of the difference between
them

SOURCE OF DATA

 Books
 Magazines
 And Law Journals

BIBLIOGRAPHY

BOOKS
 Law of Torts , by R.K. Bangia
 The Law of Torts, by Ramaswamy Iyer
 The Law of torts, by Ratanlal & Dhirajlal

WEBSITES

http://docs.manupatra.in/newsline/articles/Upload/9B324C96-43CF-
4084-862C-C64993C753C7.pdf

https://blog.ipleaders.in/vicarious-liability-case-master-servant-
relationship-tort-law/