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The principle of Vicarious Liability, also known as imputed liability, is a legal concept that holds one party
responsible for the actions or omissions of another party. It’s a form of strict, secondary liability that arises
under the common law doctrine of agency, respondeat superior. The Latin term “respondeat superior”
essentially means “let the master answer”. This principle is based on the concept of ‘qui facit per se per alium
facit per se’, meaning, anyone who commits an act through another is deemed to actually do it himself.

Vicarious liability is particularly relevant in the context of an employer-employee relationship, where the
employer (the principal or master) can be held liable for the negligent acts of their employees (the agents or
servants) committed during the course of their employment. This is because the employer has the “right, ability
or duty to control” the activities of the employee.

The essentials of vicarious liability are:

1. Relationship: There must be a certain kind of relationship, such as employer-employee, between the
wrongdoer and the person held liable.
2. Wrongful Act: The wrongful act must be related to the relationship in a certain way.
3. Course of Employment: The wrong must have been done within the course of employment.

A key distinction in vicarious liability is between a servant (employee) and an independent contractor. While
an employer is generally liable for the actions of its employees, it is usually not liable for the actions of
independent contractors. This is because the employer does not have the same level of control over an
independent contractor as it does over an employee.