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DR.

RAM MANOHAR LOHIYA NATIONAL LAW UNIVERSITY


LUCKNOW

LAW OF TORTS
SYNOPSIS ON:
PRINCIPLE OF HIRE AND FIRE UNDER VICARIOUS LIABILITY
Submitted for the project undertaken in partial fulfilment of B.A. LL.B. (Hons.)I Sem.
5 year integrated course at RMLNLU, Lucknow.

SUBMITTED TO: SUBMITTED BY :
MR. RADHESHYAM PRASAD MANU PRATAP SINGH
ASSISTANT PROFESSOR B.A.LL.B. (A) I SEM.
Dr. RMLNLU R. NO. 75





INTRODUCTION
Vicarious liability is one of the most important part of torts which is basically concerned with holding the master
responsible for the wrongful acts of the servant done in the course of employment
PRINCIPLES:
1. We need to remember that tort law has evolved from various judgements given by the courts. The reason why
master was held liable for the servants wrongful acts is because in various cases it was found that the servant
did not have enough resources to compensate the plaintiff. In this case the very purpose of damages i.e
restoration to the position before the wrongful act, was defeated.
2. The courts then decided to apply two very important principles to fix liability in such cases. The first is qui
facit per alium facit per se meaning he who acts through another is deemed to have acted himself. The
servants act in the course of employment are generally( I use generally because of the recent developments in
vicarious liability-Ive explained later on) for the masters benefit and hence it is only fair that he be held liable
3. The other principle is respondent superior, which means let the principal be liable for reasons Ive just
mentioned
ESSENTIALS OF VICARIOUS LIABILITY:
There are basically two conditions to be fulfilled for the master to be liable:
1. The person so charged should be a servant
2. The wrongful act should be in the course of employment

Hire and Fire Test:-
This test is done to distinguish between the servant and the independent contractor. To apply
this rule, we need to check whether the person employed may be fired or not. Does he
receives salary as his remuneration or not? If yes, then this test is fulfilled.

HYPOTHESIS
This project deals with the principle of hire and fire test in vicarious liability. The basic
question of this project is primarily to decide, the cases where the servant is liable for the
wrongful act of the master or not.


BIBLIOGRAPHY
Websites:
1. www.wikipedia.com
2. www.manupatra.com
3. www.ssconline.com
Books:
1. Law of Torts by R. K.Bhangia
2. Law of Torts by Ratanlal and Dheerajlal
3. Law of Torts by P.S.A.Pillai