Question

LEGAL PRINCIPLE: A servant is one who is employed to do some work for his employee (master). He is engaged under a contract of service. He works directly under the control and direction of his master.In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

FACTUAL SITUATION: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. M also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning he vehicle in the right direction for the next journey, drove it through the street at high speed and negligently injured P.

DECIDE.

• A. 'M 'could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment.
• B. 'M' could not be made liable for the act of C, as his (C's) act of driving the vehicle was within his scope of employment.
• C. 'M' could be made liable for the act of 'C,' as 'C' was employed under a contract of service.
• D. 'M' is not liable as he was not present at the time of accident.

Answer 1

Answer: (A)

'M 'could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment.

• The principle of respondeat superior states that a master is vicariously liable for the acts done by his employees. One of the important conditions for the applicability of this principle is that the negligent act must be committed within the course of employment. The term 'course of employment' refers to the acts of the employee or servant in furtherance of the duties assigned by the master or employer and in which case the employer or master is in a position to exercise control over his employee.
  
• In the present case, C was not acting in furtherance of assigned duties which was only that of a conductor for the vehicle. Due to non-employment for this purpose, M could not be expected to exercise control over activities of C.