1. Overview
  2. Introduction to CLAT
  3. Learn The Difference Between VICARIOUS LIABILITY & STRICT LIABILITY

Learn The Difference Between VICARIOUS LIABILITY & STRICT LIABILITY

Vicarious Liability  
- Employer held liable for employee’s wrongful acts during employment  
- Based on *employer-employee relationship* (not personal fault of employer)  
- Example: Hospital liable if nurse gives wrong medicine  
- Defenses:  
  - Employee acted outside job duties  
  - Wrongdoer was an independent contractor  

Strict Liability
  
- Liability imposed for *inherently dangerous activities* (no fault required)  
- Established in Rylands v. Fletcher (escape of hazardous substances)  
- Example: Factory liable for chemical leak damaging crops  
- Defenses:  
  - "Act of God" (natural disaster)  
  - Plaintiff’s own negligence  
  - Legal authorization (statutory authority)  

Key Difference:
- Vicarious → Focuses on *relationship* (employer-employee)  
- Strict → Focuses on *dangerous activities* (regardless of fault)


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