Elements Of Vicarious Liability

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Liability of Master: The liability of the master is considered one of the most essential elements of vicarious liability rule. A master is not responsible under vicarious liability for a wrongful act unless it is done in the course of employment. Under certain circumstances the master and the servant can be jointly and equally liable under join tortfeasors. But the difficulty arises in cases where the master is really claimed to be innocent and when the master has to be made liable for the torts done by the servant during the course of employment. The master is liable for the wrongful tort committed by the servant during the course of employment, if: i. The act is authorised by the master ii. Wrongful or unauthorised modes of doing…show more content…
V. Venkatesha reddy. The petitioner was a police constable who was deputed for election work. The Deputy Commissioner, who had requisitioned the bus for election purposes as well as the Election Commission. On the date of the accident the vehicle in question was not in his possession and the driver was not in his employment as the vehicle had been commandeered by the Deputy Commissioner therefore they pleaded for non liability. further pleaded that as the bus had been commandeered by the Deputy Commissioner for election purposes which was outside the scope of the cover granted Held that as the bus had been requisitioned by the Deputy Commissioner for election purposes and as the evidence indicated that the bus was under the control of the election officer. Later, as the petitioner admitted in his evidence that the bus was in the control of the election officer and the driver was proceeding as instructed by the election officer, there was temporary cessation of relationship of master and servant between the first respondent and the driver and that at the time of the accident it cannot be said that the driver was driving the vehicle in the course of his employment under respondent for respondent's…show more content…
Santanuprasad jaishankar bhatt It was stated that if the driver is his servant acting in the course of his employment, but also when the driver is, with the owner’s consent, driving the car on the owner’s business or for the owner’s purposes, then the master is liable but if, the anauthorized and wrongful act is not so connected with the authorized act as to be a mode of doing it but is independent, the master is not responsible. Then the servant will be deemed to have gone outside the course of his employment. Wilful wrongdoing: There are some situations where even after express prohibition is no defence where the wrongful act was merely a mode of doing what the servant was employed to do. Limpus v. London general omnibus co. Where a driver of the defendant’s omnibus had given clear instructions not to race with or obstruct other omnibuses. In disobedience to the order, he obstructed the plaintiff’s omnibus and caused a collision which damaged the omnibus. The defendants were held liable based on the above mentioned principle. And was held that the intention of the defendant to forbid the act was immaterial and was hence held

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