Principles :1. A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master. 2. In general, the master is vicariously liable forthose torts (wrongful acts) of his servant which are done by the servant in the course of his employment.
Facts : 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed ‘C’ exclusively for the purpose of performingthe 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, an d apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it throughthe street at high speed and negligently injured 'P'.

Question

Examsnet · Accepted Answer

Correct Answer is : 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

CLAT LLM 2016 Question Paper with answer key for online practice