What does qui facit per alium facit per se mean?
The Latin legal maxim “Qui facit per alium facit per se” means “he who does an act through another is deemed in law to be have done it himself.”[1] However, for liability to arise, two parties must have a certain kind of relation.
Which case is related to qui facit per alium facit per se Maxim?
In the case of H.E. Nasser Abdulla Hussain vs Dy. City[1] it was observed that It is a well-known tenet of law canonized in the dictum : “Qui facit per alium facit per se” (He who does a thing through another, does it himself).
What is vicarious liability tort?
Vicarious liability is a liability where the master is liable for the tort of his servant, principal for his agent, partner for another partner and an employer for an employee.
What is the meaning of the term respondeat superior?
A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
Which of the following case is related with strict liability?
The Supreme Court applied a stricter version of the rule of strict liability in the case of MC Mehta v. Union of India (1987). In this case, harmful Oleum gas had escaped from a factory owned by Shriram Foods & Fertilizer Industries. The gas had caused a lot of damage to people and industries nearby.
What are the 3 elements of vicarious liability?
The three main elements that need to be established and considered are relationships between employer v employee, tortious act of negligence committed and within the course of employment.
What are the elements of vicarious liability?
The three elements that must be met for vicarious liability are: the wrongful act must have been committed by an employee or other agent, the employee or other agent must have been acting within the scope of his or her employment or agency, and the employer or other person must have had the ability to control the …
What crimes are strict liability?
In both tort and criminal law, strict liability exists when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action. In criminal law, possession crimes and statutory rape are both examples of strict liability offenses.
What are examples of strict liability crimes?
Examples of strict liability crimes are the following:
- Statutory rape. Statutory rape is sexual intercourse with a minor.
- Selling Alcohol to Minors. A person who sells alcohol to a minor can be convicted even if they had a belief that the person was old enough to buy alcohol.
- Traffic Offenses.
What is vicarious liability in criminal law?
Vicarious liability imputes a defendant’s criminal responsibility to a different defendant because of a legal relationship. Similar to accomplice liability, however, the primary defendant remains criminally responsible for his conduct.