Respondeat Superior
⚖️ Meaning
"Respondeat Superior" is a Latin phrase meaning “Let the master answer.”
It is a principle under vicarious liability in tort law, where an employer (master) can be held legally responsible for the wrongful acts of their employee (servant) committed in the course of employment.
📌 Key Elements of Respondeat Superior
To establish liability under respondeat superior, the following must be proven:
Existence of Employer-Employee Relationship
The wrongdoer must be an employee, not an independent contractor.
There must be control or supervision by the employer.
Wrongful Act Committed in the Course of Employment
The tortious act must be done within the scope of employment (i.e., while performing job duties or something closely connected).
Wrongful Act Must Be a Tort
This includes negligence, assault, battery, etc., committed by the employee.
🔍 Examples
A delivery driver employed by a courier company causes an accident while making deliveries.
👉 The company can be held liable under respondeat superior.
If the same driver causes an accident while using the company vehicle for a personal trip, the company may not be liable because it’s outside the scope of employment.
📚 Important Case Laws
| Case | Principle Established |
|---|---|
| State of Rajasthan v. Mst. Vidhyawati (1962) | The government was held vicariously liable for the negligence of its driver. |
| Limpus v. London General Omnibus Co. (1862) | Even though the driver disobeyed instructions, the act was done during employment – employer held liable. |
| Beard v. London General Omnibus Co. (1900) | The conductor who drove the bus was not authorized – employer not liable. |
✅ Purpose of the Principle
Ensures that victims get compensation, especially when the wrongdoer (employee) may not be financially capable.
Encourages employers to properly train and supervise employees.
⚠️ Exceptions / Limitations
No liability if the employee acted:
Outside the scope of employment.
With personal intent, not related to job.
Independent contractors do not attract liability under this rule.
📝 Summary Table
| Aspect | Explanation |
|---|---|
| Meaning | "Let the master answer" – employer held liable |
| Type of Liability | Vicarious liability |
| Requires | Employee-employer relationship & act in course of employment |
| Not Applicable | To independent contractors or personal acts of employees |
| Purpose | Ensure compensation and promote responsibility |
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