Explain the liability of master for the act of his servant under the law of torts.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Explain the liability of master for the act of his servant under the law of torts.

Answer & Explanation:

A master is liable for the tort committed by his servant while acting in the course of his employment. The servant, of course, is also liable; their liability is joint and several. In such cases liability of a person is independent of his own wrongful intention or negligence liability is joint as well as several In case of vicarious liability, the liability arises because of the relationship between the principal and the wrongdoer but in case of absolute or strict liability, the liability arises out of the wrong itself. A master is liable not only for the acts which have been committed by the servant, but also for acts done by him which are not specifically authorized, in the course of his employment. The basis of the rule has been variously stated: on the maxim Respondeat Superior (Let the principal be liable) or on the maxim Qui facit per alium facit per se (he who does an act through another is deemed to do it himself). The master is liable even though the servant acted against the express instructions, for the benefit of his master, so long as the servant acted in the course of employment.

Topics: Law of Torts

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