Qui facit per alium facit per se (He who acts through another is deemed to act in person)

• This Latin maxim means that if a person delegates their work or duties to another, they are still responsible for the actions performed on their behalf.
• In the context of vicarious liability, a principal (such as an employer) is held liable for the wrongful acts of their agent (such as an employee) if the act was committed within the scope of their authority.
• Example: If a company instructs an agent to sell defective products, the company cannot escape liability by claiming that the agent, and not the company, made the sale.

Respondeat Superior (“Let the Superior Answer”)

• This principle holds that an employer is responsible for the wrongful acts of their employees if the act was done within the scope of employment.
• The reasoning is that since the employer benefits from the work of the employee, they should also bear the consequences of any wrongful acts committed in the course of that work.
• Example: If a hospital nurse commits medical negligence while treating a patient, the hospital can be held vicariously liable for the nurse’s actions.

Financially Capable (“Deep Pocket Theory”)

• This theory justifies vicarious liability on the basis that employers or large corporations are financially capable of compensating victims, whereas individual employees may not be.
• It ensures that justice is served by providing the injured party with adequate compensation, even if the wrongdoer personally lacks the resources to pay.
• Example: If a taxi driver causes an accident due to negligence, the taxi company is more capable of paying damages than the driver.

Employer Has Set the Whole Thing in Motion

• The employer hires the employee, provides them with the tools and resources, and defines their duties. Since the employer benefits from the employee’s work, they must also take responsibility for any harm caused in the process.
• The idea is that wrongful acts committed in the course of employment are indirectly the result of the employer’s decision to engage in that business.
• Example: A security company that hires guards to protect properties can be held liable if a guard assaults someone while on duty.

Matter of Public Policy

• The doctrine of vicarious liability serves a broader social purpose by ensuring fairness, accountability, and the protection of victims.
• It promotes careful selection, training, and supervision of employees by employers.
• It also prevents injustice by ensuring that victims are compensated by those who have control over the wrongdoers.
• Example: Holding a school liable for a teacher’s misconduct ensures that educational institutions maintain strict hiring and monitoring policies.