Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLES:
(1) Master is liable for the wrongful acts committed by servants, in the course of their employment if third employment if parties suffer damages in consequences.
(2) However the master is liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
(3) If a person by an act lowes the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
FACTUAL SITUATION: Tiwari is a servant of Ajit, on his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's Servant. Decide.

• A. Ajit is liable because Tiwari defamed Singh.
• B. Ajit is not liable as the defamation was not in the course of Tiwari's employment.
• C. Ajit is liable even though the defamation was not in the course of employment.
• D. None of the above.

Answer 1

Answer: (B)

Ajit is not liable as the defamation was not in the course of Tiwari's employment.

The principle of respondeat superior states that the master is vicariously liable for the acts of his servant in the course of employment. The term 'course of employment' has three main requisites:

(1) the act must be committed while acting on the instructions of the employer.

(2) the employee is carrying out some work that is going to benefit the employer

(3) the employee did not do the act in personal capacity.

In the present instance not only was the act committed by Tiwari in his personal capacity but also before he entered workplace to get his assigned work. Therefore, he did not act in course of employment.