Indian Contract Act

Introduction

Respondeat superior is a Latin phrase that literally means “let the master answer.”It is also known as Vicarious liability or Imputed liability. The doctrine had its origin in the United States, and it provides that an employer can be held accountable for negligence or wrongdoing committed by their employee or agent.

What is the Doctrine of Respondeat Superior?

• This doctrine of respondeat superior applies in certain tort cases and allows an employer or principal to be held liable for actions done on their behalf by staff members or agents.
• Under this doctrine, an employer and the master will be liable for an employee’s and the servant’s negligent commissions or omissions that occur during employment.
• This doctrine is founded on public policy as its purpose is to allocate to the business the risks normally attendant thereto.
• Illustrations:
  • A package delivery is liable for the negligence of their delivery driver who is making a delivery when he causes a collision to occur
  • An apartment owner is liable for the negligence of the property manager the owner hired if the manager fails to maintain the common area and a tenant slips and falls as a result of deferred maintenance.

What are Requirements of the Doctrine of Respondeat Superior?

• There must exist a relation of master-servant and employer-employee.
• The tortious act of a servant and an employee must be one within the scope of his employment.
• The defendant must act within the scope of his duties and/or for the benefit of the employer at the time when he committed a negligent or wrongful act giving rise to a tort claim.

What is Course of Employment in this Doctrine?

• The employment of a workman does not commence until he has reached the place of employment and does not continue when he has left the place of employment.
• As a rule, the journey to and from the place of employment is not included within the expression in the course of employment.
• There may be some reasonable extension in both time and place and a workman may be regarded as in the course of his employment even though he had not reached or had left his employers’ premises.
• The injury by accident must arise both out of and in the course of employment.

What do the Words in the Course of Employment means?

• The words in the course of the employment mean in the course of the work which the workman is employed to do, and which is incidental to it.
• There must be a causal relationship between the accident and the employment.

What are the Exceptions to Respondeat Superior?

• It does not apply to independent contractors.
• If an employee stops acting on behalf of an employer while on the job.

What are the Case Laws on Doctrine of Respondeat Superior?

• Smt. Savita Garg v. The Director, National Heart Institute (2004):
  • In this case, the Supreme court held that the hospital will be responsible for the act of one of its doctors if it is unable to justify the court and the complainant that there was no negligence or recklessness on their part and that they acted with due care and caution.
• Automobiles Transport v. Dewalal (1976):
  • It was presumed that a vehicle is driven under the master’s instruction or by an authorized agent or servant.
  • The appellant is responsible for proving that this presumption is unwarranted and not verified.
  • It was held the Automobiles Transport Company liable for its servant’s actions during employment and applied the doctrine of respondeat superior.