VICARIOUS LIABILITY IN NEPAL (Special Reference to the Vehicle and Transportation Management Act 2020 B.S.)
Introduction Liability in its general sense represents the state of a person who has violated the right or acted contrary to duty. The liability of a person consists in those things which s/he must suffer. It is the ultimatum of law and has its source in the will of the state. A person has a choice in fulfilling duties and the liability arises independently of his/her choice. Liability arises from a wrong or breach of a duty. [1] To quote Salmond, “ Liability is the bound necessity that exist wrong doer and the remedy of the wrong.” [2] Similarly, Markby states that “ Liability is used to describe the condition of a person who has a duty to perform. What is Vicarious Liability? Vicarious liability is the liability for the wrongful acts done by other. [3] The normal rule is undoubtedly to the effect that a person should be punished only for his/her misdeeds and not for that of others. In this the master is vicariously liable for the act or omission of his/her ser...