Write briefly that vicarious liability is based upon the principles of respondent superior and qui facit per alium facit per se.

Traditionally it was though that vicarious liability is based upon the principles of respondent superior (i.e., the responsibility must be that of the superior) and qui facit per alium facit per se (i.e., he who acts through others is deemed in law as doing it himself). But neither of these two principles explains correctly the reason for vicarious liability. The former merely states the rule badly in two words, and the latter merely gives a functional explanation of it. The maxim respondent superior tells us simply the result and not the reason why employer should be liable for the torts of his servants.


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