A Compulsory Research Report Submitted to Mzumbe University – Mbeya Campus College in Partial Fulfillment of the Requirement of the Award of Bachelor of Laws Degree (LL.B) of Mzumbe University.
The vicarious liability is a fundamental principle of law which is used in the court to settle dispute that arise from tortuous liable between master and servant. While its general application is well known through case law, it has some encounters when comes to the negligence of doctors. The control test which dominates the application of the doctrine bears inadequate answer in determining liability of employers from the negligence acts of doctors. Doctors seem to be more experts, skilled and knowledgeable than employers hence they cannot be controlled on the manner of doing works.
The study observed that in spite of the distinct nature of doctors in performing their works, still the doctrine of vicarious liability is applied generally as appears to another cadre. In this case, employers are likely to unjustly bear liability for the wrong of their employees.
Thus, the work recommends for the inclusion of limitation as to the applicability of the doctrine particularly once the matter concerns doctors. This shall exempt the employers from liability once they have reasonably discharged their duties. In other words, employees sometime should be held liable for their negligent acts though occur in the course