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Vicariouis Liability And Article 21 Essay

2174 words - 9 pages

Vicariouis Liability and Article 21

I take this opportunity to express my gratitude and personal regards
to Mrs. Stelina jolly for inspiring and guiding me during the course
of this project work.

I also owe my sincere thanks to the library staff, National Law
University for the cooperation and facility extended from time to time
during the progress of my project work.

And last but not the least I must give my humblest gratitude to my
parents and my friends for their support and encouragement.

[GOPAL BOSE]

OBJECTIVES AND METHODOLOGY

OBJECTIVES:

1: TO FIND OUT AND STUDY THE RELATIONSHIP BETWEEN THE VICARIOUS
LIABILITY AND ...view middle of the document...

so basically we can say that it is a merging of
constitutional law with law of torts .In order with far reaching
consequences, the Supreme Court of India has extended the scope of
article 21 of the Indian Constitution (protection of life and personal
liberty ) to foreign nationals visiting India. But the liability under
the law of tort arises only when the act complained of was performed
in course of performing duty. Till now there are ampty numbers of
cases on infringement of Article 21 and also on vicarious liability,
but merging of these both is a new concept and must be appreciated

RELATION BETWEEN VICARIOUS LIABILITY AND ARTICLE 21

Understanding vicarious liability

Vicarious liability[2]means that one person takes or supplies the
place of other so as far as liability is concerned.[3]This doctrine
has its roots in the earliest years of common law. We can say that it
is the liability of one person for the act done by the another person.
But there are certain rules according to which liability can be
considered .Following are the liabilities under it[4]

1: Liability of the principle for the tort of his agent

2: Liability of the partners of each other's tort

3: Liability of the master for the tort of his servant

These are based on the principle "Qui facit per alium facit per se"which
means that the act of an agent is the act of the principle or in
general "he who does an act through another is deemed tin law to do it
by himself".[5]Liability arises only when the act is done by the
servant under the course of employment. As Lord Pearce has shortly
exclaimed "vicarious liability is based on, social convenience and
rough justice"[6]. That is why sometimes this liability is explained
on the basis of maxim respondent superior, which means the superior is
responsible for the providing answer. Anyway it is a vast topic but
after getting a general idea about vicarious liability, we are
concerned with "vicarious liability in relation with Article 21."

UNDERSTANDING THE LAW RELATED WITH ARTICLE 21

Article 21 lays down that no person shall be deprived of his life or
personal liberty except according to 'procedure established by law'.
The expression 'procedure established by law' introduces into India
the American concept of procedural due process which enables the
courts to see whether the law fulfils the requisite elements of a
reasonable procedure.

The word 'law' in article 21 does not mean merely enacted law but
incorporates principles of natural justice so that a law to deprive a
person of his life or personal liberty cannot be valid unless it
incorporates these principles in the procedure laid down by it.

It can fairly be said that 'law' is used in the sense of lex (state
made laws) and not jus. The expression 'procedure established by law'
would therefore...

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