Lawyer Ramkarpal Singh, in objecting to the leave to appeal, had however argued that the government was vicariously liable
as at the time the two policemen were agents for the government when they committed the murder.
In most cases, the employment relationship would deem the employer to be vicariously liable
for the employees' wrongful acts in instances where the wrongful act was committed, for example, during the employee's contracted hours, at the premises of the employer and was somehow related to the nature and field of his work.
It ruled the State was vicariously liable
for the abuse Louise O'Keefe suffered at the hands of her former national school principal Leo Hickey at Dunderrow National School in Co Cork.
'Furthermore, you as the line supervisors of such erring officers shall be held vicariously liable
for supervisory negligence by being similarly sanctioned.
That is, plaintiffs did not argue that defendant was negligent for potentially leaving a cabinet door slightly ajar; they argued that Cosper was negligent for not using due care when engaging in the performance of walking around the hospital room, and that defendant was vicariously liable
for its employee's ordinary negligence."
The court held, however, that the plaintiff pleaded sufficient facts to plausibly suggest the owner might be jointly and severally or vicariously liable
"The second question asks whether a public entity can be vicariously liable
for money damages under Title II of the ADA based on the conduct of a line employee.
In those circumstances there was a sufficient connection between Mr Major's wrongful conduct and his role and accordingly the Company was vicariously liable
for his actions and therefore in damages to Mr Bellman.
Zander sued Buncich seeking to hold him vicariously liable
for an assault by Orlich.
Post these findings and the action initiated against the erring police personnel, the NHRC held that based on these facts, a case of violation of human rights of the victim is made out and the state government is vicariously liable
to pay monetary relief to the next of kin of the deceased.
Morrisons said it could not be held directly or vicariously liable
for the criminal misuse of the data, and that any other conclusion would be grossly unjust.
"The council is vicariously liable
for the said loss and damage caused by Coun Jackson, Coun Riddle and Ms Lally and each of them, as public officers of the council."