M, while transferring petrol from a lorry to an underground tank at a garage, struck a match stick in order to light a cigarette and then threw it still alight on the floor. An explosion occurred and fire ensued. Discuss
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
M, while transferring petrol from a lorry to an underground tank at a garage, struck a match stick in order to light a cigarette and then threw it still alight on the floor. An explosion occurred and fire ensued. Discuss as to who is liable in this case under the law relating to Torts.
Answer & Explanation:
The situation in the given situation is relating to Liability for the acts of Servants. Here, an employer is liable whenever his servant commits a tort in the course of his employment. An act is deemed to be done in the course of employment if it is either: (a) a wrongful act authorized by the employer, or (b) a wrongful and unauthorized mode of doing some act authorized by the employer. As per the case of Century Insurance Co Vs Northern Ireland Road Transport Board , if a servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master would be liable for the same. In the given situation, M while transferring petrol from lorry to an underground tank at a garage, struck a match stick in order to light a cigarette and then threw it still alight on the floor causing an explosion and a fire. Therefore, in this case employers are liable for the damage caused as M did the act in the course of carrying out his task of delivering petrol.
Topics: Law of Torts
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