Vicarious liability is the liability of one person for the conduct of another person. Vicarious liability is the liability of a superior for the conduct of a subordinate. Thus, vicarious liability is the liability of one person usually a subordinate such as the liability of an employer for the conduct of an employee in the course of employment.
Vicarious liability is a liability of one person for the acts and omissions of another person. Because of the relationship that exists between them usually that of master and servant, principal and agent, employer and contractor, superior and subordinate etc. It is a situation where one person is liable for the conduct, or tort of another person, because of a relationship exiting between him and the wrongdoer.
Vicarious liability is the responsibility of a master for the primary liability established against his servant, agent or subordinate for a tort, committed by such a subordinate in the course of employment.
In instance of vicarious liability, a master is said to be jointly and severally liable with the subordinate for the wrongful act of the subordinate.
Relationship That Produce Vicarious Liability
Diverse kinds of relationship may produce vicarious liability. However, the types of relationship where vicarious liability commonly arise include; Master and servant, otherwise known as employer and employee relationship including borrowing a servant. The second one is employer and independent contractor and casual agency, that is casual delegation.
Reason Why a Superior Should Answer For An Inferior.
Nevertheless, the directive of Vicarious liability appears unfair and runs contrary to the principles of liability in toot which that; a person is only liable for the loss or damages resulting from his own acts and omission and a person should only be liable when he is at fault.
But, the doctrine of vicarious liability is a convenient and a justified way of handling the lost of a servant, committed in the course of employment. The vicarious liability as essentially a liability based on social policy, that a superior should be liable for foots committed by a servant in the master’s business, that is, in the course of employment. Some of the reasons why the superior or master should answer for the test of the servant are; the superior established, ordered or ratified the business activity in which the tort was committed. Secondly the profit or benefit of the business, assignment, activity or act, usually goes to the superior and he generally exercises control over his employee.
Thirdly he dictates the directions of the business or assignment. Fourthly, he chooses and appoints the employs or agents and he out to compensate the victim of the tort of his employee or agent.
Again, a company or business acts through its employees. The employee is identified with the Employer Company or group. The act of the employer act through the servants.
Therefore, the employer should be responsible for the act of the servant based on the principles of low that ‘he who does anything through another does it himself another does it himself.
More so, the superior has greater ability to pay damages for the tort of the servant, and often the superior has visible or tangible property on which execution can be levied in satisfaction of a judgment debit owed to the plaintiff. The principle of vicarious liability is to encourage an employer to ensure proper management and supervision of his employees.
However, in order not to suffer much loss in the area of vicarious liability and hamper economic activities, it is advisable for an employer to insure against acts which may be committed by a servant in the course of employment. Then the cost of insurance is put on the goods and services which he offers to the public. In this way, the effect of any loss is spread over a large section of the community and the employer to enable to pay damages without difficulty and the victim of the tort is satisfied.
Monarch Lauds Wike Over Anti-Cultism Unit
The Eze Ali Omokpirikwu, Eze Okechuwku Okah, has commended the Rivers State Governor, Chief Nyesom Wike for the siting of the antti-cultism unit in Elele.
Eze Okah, who said this during a courtesy call on him by a non governmental organization: Elele Voice in his palace also commended the Governor for upgrading the Elele traditional stool to first class.
He said that the sitting of the anticultism unit in the community has made the area to be more secured for business activities.
According to him, the administration of Governor Wike is unprecedented especially in the areas of security, infrastructure and sanitation.
The traditional ruler who particularly commended the Governor for the unveiling of the Operation Sting security outfit, stressed that by the unveiling, the Governor has shown that Rivers State has no place for criminals adding that the Governor needs more supports to deliver the dividends of democracy to the people.
Eze Okah also told them that his decision to donate transformers to the community was to ensure constant power supply as over 20 communties in Elele have not had power supply in the last five years.
Earlier, the leader of the group, Mr Smart Johnson said that the group was in his palace to thank him for the donation of transformers to Elele community.
Johnson said that the kind gesture has restored the economy of the area, adding that the group would not relent in mobilizing support for the traditional ruler.
Meanwhile, the Deputy leader of Ikwerre Legislative Assembly, Hon. Amadi Jacob has called on the police authorities to investigate the alleged extortion activities of men of Operation Sting along the Elele-Owerri road.
Speaking in an interview with newsmen, he said that the activities of the police officers have brought shame to the people and advised the outfit to resist the temptation of being compromised in the performance of their duties.
We’re Making Progress Against Banditry -CAS
The Chief of Air Staff (CAS), Air Marshal Saddique Abrubaka, says the military has substantially contained emerging banditry in some parts of the country in addition to the successes recorded in the fight against insurgency in the North East.
Abubakar said this on Tuesday in an interview with newsmen in Yola.
Abubakar was in Yola to celebrate the Eid-el-Kabir with officers and men of the Air Task Force, engaged in the fight against insurgency in the north east.
He said the Nigerian Air Force (NAF) would continue to motivate its personnel to boost their morale in the task of keeping Nigeria and the society safe.
“We are making progress and all hands most be on deck to address the challenges, particularly the new challenge of banditry,” he said.
According to him, the NAF has established the quick Response Units in some states to bring security closer to the people.
The CAS lauded Nigerians for their understanding and urged the public to do more in terms of volunteering timely relevant information to security agencies.
He noted that the provision of adequate and effective security information to relevant authorities was the obligation of all Nigerians.
“I want to emphasize that security is not just about security agencies; everybody has a role to play to ensure Nigeria is secured,” Abubakar said.
While reiterating the commitment of NAF to ensuring the sovereignty and territorial integrity of Nigeria, the CAS lauded the Federal Government for doing a lot in equipping NAF in terms of aircraft and training to discharge its responsibility.
He lauded the performances of officers and men of the air task force, pointing out that his decision of always marking festive periods with them at the frontline was among others, to appreciate them and boost their morale to do more in discharging their assigned tasks.
Bus Driver Commits Suicide At Mechanic Workshop In Lagos
The Lagos State Police Command says a 43-year-old commercial bus driver has been found dead at a mechanic workshop after allegedly taking a liquid substance suspected to be sniper.
The spokesman for the command, DSP Bala Elkana, confirmed the incident in a statement on Monday.
Elkana said the Shomolu Pedro Police Station received an information that one Kabiru Bello of No. 77, Owode Ibeshe, Ikorodu, Lagos State, allegedly drank a liquid substance suspected to be sniper.
He said that the incident happened on Saturday at about 12.56p.m inside his Volkswagen commercial bus with registration number AKD-724 XM while at a mechanic workshop at Ladylack Bus stop, Shomolu.
“He was rushed to Adesola clinic, Shomolu, where he was confirmed dead. Homicide detectives visited the scene. One empty bottle of chemical substances suspected to be sniper was recovered.
“The corpse has been deposited in mortuary for autopsy,” he said.
Similarly, the police at Ilemba Hausa area of Lagos have recovered two locally made single barrel guns with 12 cartridges, one laptop and one mobile phone inside a vehicle abandoned by suspected robbers.
The police spokesman said the recovery was made on Saturday at about 9.30 p.m. after the Ilemba Hausa Police Station received a distress call that one Wale Lawal was dispossessed of his laptop by some armed robbers.
Elkana said the policemen deployed to the scene gave the hoodlums “a hot chase where the suspected robbers abandoned their black Honda vehicle with registration number KJA-705 BU containing the recovered items.
“The vehicle was moved to the station for further investigation.” he said.
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