A Comparative Study of Concept of Vicarious liabilility across US,UK and India

Authors

  • Jeetendra Vishwakarma NALSAR University of Law

Keywords:

State, Vicarious liability, Sovereign function, non-soveriegn function, Article 300, Sue

Abstract

The state is the most powerful political institution in modern society. This might of state raises an
important questions like can we sue the state under the law of tort? Is their any difference between the
tortuous liability of state across the countries? This paper attempts to explain and compare the
doctrine of Vicarious liability of the state across the three biggest democracies of the world i.e.
United Kingdom, United States of America and India. In order to place the paper into its context I
first briefly described the concept of Vicarious liability. Subsequently, the history and development of
jurisprudence related to the concept of state liability is discussed for all the three countries
separately. Through the discussion of their history and development, attempt was to highlight the
nature difference between them. Emphasis was made on the shortcomings in all the three systems that
is uncertainty regarding the provisions of sovereign immunity. In the most important part of the
paper, I compared the concerned laws from all the three countries. In order to make a comprehensive
comparison I discussed the similarity and differences of all the three countries simultaneously.
Finally, suggestion were made on how these countries can improve and learn from their counterparts.
I have taken the examples of multiple case laws to succinctly illustrate the application of this concept.
I studied multiple case laws, books and research papers to do justice with this paper.

Published

2022-01-28