My dear Sovik,
Your latest querries, if I were permitted to presume, stem up from a real-life situation in which the foriegn principal incurred heavy losses because of the criminal act of the employee of an out-soucing agency to which the work was assigned under a contract between the foriegn principal and the native out-sourcer.
In the first place, let us remember the distinction between Civil,Criminal and Vicarious liabilities.Eventhough vicarious liability is a civil liability, it will arise only in civil actions not in criminal acts.
In your case, there is an out-sourcing contract between X the foriegn entity having no physical presence in India and Z having presence both abroad and in India.Z has to do the out-sourced job in India with his own employees. Because of the criminal ommissions and commissions attributable to Y one of the employees of the contracter Z, the contractee X incurs heavy financial losses. X has to proceed against Z for damages in the Dispute Resolution Forum mentioned in the contract.Of course, it is for Z to make a criminal complaint against Y but it is not going to mitigate his civil liability in any way.
Your latest querries, if I were permitted to presume, stem up from a real-life situation in which the foriegn principal incurred heavy losses because of the criminal act of the employee of an out-soucing agency to which the work was assigned under a contract between the foriegn principal and the native out-sourcer.
In the first place, let us remember the distinction between Civil,Criminal and Vicarious liabilities.Eventhough vicarious liability is a civil liability, it will arise only in civil actions not in criminal acts.
In your case, there is an out-sourcing contract between X the foriegn entity having no physical presence in India and Z having presence both abroad and in India.Z has to do the out-sourced job in India with his own employees. Because of the criminal ommissions and commissions attributable to Y one of the employees of the contracter Z, the contractee X incurs heavy financial losses. X has to proceed against Z for damages in the Dispute Resolution Forum mentioned in the contract.Of course, it is for Z to make a criminal complaint against Y but it is not going to mitigate his civil liability in any way.