All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

The correct option is C: Both (i) and (ii).

Explanation:

Vicarious liability is a legal concept that holds one party (the employer or principal) liable for the actions or negligence of another party (the employee or agent) when the wrongful act or negligence occurs within the scope of their employment or agency relationship. In vicarious liability cases, both joint and several liability can apply depending on the facts and circumstances of the case.

(i) Joint liability: In some cases, both the employer/principal and the employee/agent may be held jointly liable for the harm caused. This means that both parties are equally responsible for the damages, and the injured party can choose to sue either or both of them to recover the damages.

(ii) Several liability: In other cases, the liability may be several, which means that the injured party can choose to sue either the employer/principal or the employee/agent individually. In this situation, the injured party does not have to sue both parties; they can choose to pursue a legal action against one or the other.

The choice between joint and several liability in a vicarious liability case depends on various factors, including the specific legal provisions in place, the nature of the wrongful act, the relationship between the parties, and the facts of the case. Therefore, option C is correct because both joint and several liability can apply depending on the circumstances.