Tortious Liability of State/Government/Administration - Administrative Law
Introduction Tort is civil wrong. We all know that. We also know the notion of vicarious liability. It mean principal is responsible for agent's fault. It also mean that superior is responsible for action of sub ordinate. This is based on latin maxim "Qui facit per alium facet per se' and 'respondeat superior'. What we are going to discuss here is liability of government when their servants are involved in Tort. When officer during his duty cause some harm to you, can you get a compensation from government ? Or do you need to file for compensation against Officer ? Up to what extent government is responsible ? Is Government responsible everywhere (Position in England) ? We are going to answer some of these questions. The objective of this post is Meaning of Sovereign and Non sovereign function Position of Tortious liability in England Position in India Court judgements Conclusion Sovereign and Non sovereign function Sovereign functions are those for which state is