The term vicarious liability means that one person takes the place of another as regards liability. Although the matter also arises in relation to principal and agent and partnership, the most important and commonest example of vicarious liability is that an employer is liable for the torts committed by an employee who is acting in the course of his employment, but not for those of an independent contractor.
First it is important to distinguish who is an employer and who is an employee, simply put it is the person who has the right to hire and fire who is considered to be the employer.…
