Vicarious Liability

Ordinarily, vicarious liability is the liability of one 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 the superior for the conduct of another person usually the subordinate such as the liability of an employee in the course of an employment.
Vicarious liability is the liability of one person for the acts and omission of another because of existing relationship between both, mostly that of servant and master, principal and agent, employer and contractor, superior and subordinate, among others.
Most importantly, vicarious liability is the responsibility of the master for the primary liability established against his servant, agent, or subordinate for a tort committed in the course of his employment.
Interestingly, in vicarious liability, a master is said to be jointly and severally liable with his servants for a tort committed in the course of his employment. In other words, whenever there is vicarious liability, the superior is jointly and severally with the subordinate for wrongful conduct of the subordinate.
Ordinarily, the doctrine of vicarious liability appears unfair, and runs contrary to two principles of liability in torts, which are that: (1.) a person is only liable for. the loss or damage resulting from his own acts or omission and (2) a person should only be liable when he is at fault.
However, the doctrine of vicarious liability is convenient and justified way of handling the tort of a servant committed in the course of employment.
Vicarious liability is essentially a liability based on social policy, that a superior should be liable for torts committed by the servant in the master’s business, that is, in the course of employment.· Some of the reason why the superior or master should be responsible for the torts of his servants age; (1) the superior established, ordered or ratified the business activity in which the tort was committed (2) the profit or benefit of the business, assignment, activity or act usually goes to the superior (3) he generally exercise control over employees. (4) he dictates the direction of business or assignment.
He chooses and appoints the employees, so he ought to compensate the victim of the tort of the employee or agent.

Chidi Enyie