John who had his account in a private bank went to bank to deposit the cash. While he was entering into the bank alongside cash box of the bank was also being carried inside, the security guard in a haste ended up firing

General principles of vicarious liability is based on two maxims as follows: 'Qui facit per alium facit per se', which means, "One who does an act through another is deemed in law to do it himself". 'Respondeat superior' which means, "Let the principal be liable" / "let the superior be responsible" for their subordinate. Vicarious liability is a form of strict, secondary liability. Such liability arises in relationships such as of master and servant, where master shall be liable for the act of the servant done in course of employment. An act is said to be in course of employment if: The master has directly authorized the act to the servant; The act done is authorized act done wrongly. The wrong doing of an authorized act will make the master liable. The facts in the instant case are, however, very clear that the incident in question took place when the cash box was being brought into the bank premises and the deceased was also entering the bank premises. If the security guard committed an error in perceiving the act of the deceased as a threat to the cash box as an impediment of protection of the property of the bank from a possible danger from any third party, the act of the security guard causing death of deceased was in the course of the employment of the security guard and, therefore, it is not possible to accept the defence pleaded by the bank that it is not vicariously liable.