The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.
The question consist of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.
PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.
The correct option is D Brookebond and Co., shall be liable, because Sanjay was in the course of employment at the time of accident
Normally, the tortfeasor is liable for his tort. But in some
cases, a person may be held liable for the tort committed by another. A master
is vicariously liable for the tort of his servant, principal for the tort of
his agent and partners for the tort of a partner. This is known as vicarious
liability in tort.
In a Master-Servant
relationship, the master employs the services of the servant and he works on
the command of master, and thus, a special relationship exists between the two,
and in case of a tort committed by the servant, his master is also held liable.
The
following are the essential conditions to be followed for the vicarious
liability of master to arise: –
1. The servant has committed an act which amounts
to a tort;
2. Such a tortious act
is committed by the servant during the course of his employment under the
master.
In the above case, given that Sanjay was an employee of Brookebond and Co., the company shall be liable to compensate for damages to Ruhina. Hence, option (A) is correct.
Normally, the tortfeasor is liable for his tort. But in some
cases, a person may be held liable for the tort committed by another. A master
is vicariously liable for the tort of his servant, principal for the tort of
his agent and partners for the tort of a partner. This is known as vicarious
liability in tort.
In a Master-Servant relationship, the master employs the services of the servant and he works on the command of master, and thus, a special relationship exists between the two, and in case of a tort committed by the servant, his master is also held liable.
The
following are the essential conditions to be followed for the vicarious
liability of master to arise: –
1. The servant has committed an act which amounts to a tort;
2. Such a tortious act is committed by the servant during the course of his employment under the master.
In the above case, given that Sanjay was an employee of Brookebond and Co., the company shall be liable to compensate for damages to Ruhina. Hence, option (A) is correct.
