Law Optional 2023 Paper II solved

“He who acts through another, does the act himself." Discuss the tortious liability entailed in the above statement.

Verified Answer
  1. Core Legal Answer & Context: The Latin maxim "Qui facit per alium facit per se" translates to "He who acts through another, does the act himself." This statement forms the bedrock of vicarious liability in tort law. Vicarious liability is a legal principle where one person is held responsible for the tortious acts of another, even though the first person did not directly commit the tort. The most common application is the employer-employee relationship (master-servant), where an employer can be held liable for the torts committed by their employee in the course of employment. The rationale is often based on the employer's control over the employee, the benefit derived from the employee's work, and the employer's greater capacity to bear the financial burden.

  2. Relevant Statutes and Sections: Tort law in India is largely uncodified, relying on common law principles. There are no specific statutory sections, but the principles are applied by courts. Key requirements for vicarious liability typically include:

  • A specific relationship between the parties (e.g., master-servant, principal-agent, partners).
  • The tortious act must have been committed by the 'other' person (the servant/agent).
  • The tortious act must have been committed 'in the course of employment' or within the scope of agency. This means the act must be authorized, or an unauthorized mode of doing an authorized act, or closely connected to the employment.
  1. Important Landmark Cases: In State of Rajasthan v. Smt. Vidyawati (1962), the Supreme Court held the State vicariously liable for the tortious acts of its employees committed in the course of their employment, establishing the principle against the State. Pushpabai Purshottam Udeshi v. Ranjit Ginning & Pressing Co. (1977) further clarified the 'course of employment' test, stating that the act must be sufficiently connected with the employment, not merely incidental.

  2. Clear Conclusion: The maxim "Qui facit per alium facit per se" is fundamental to the doctrine of vicarious liability, ensuring that employers and principals are held accountable for the torts committed by their employees or agents within the scope of their duties. This principle serves to provide effective redress to victims and encourages those in positions of control to ensure their subordinates act responsibly.