Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Explain the principle of liability of master for the torts committed by his servant. Write case-laws.
The principle of vicarious liability, expressed in the maxim respondeat superior (“let the master answer”), makes a master liable for torts committed by a servant in the course of employment. The doctrine is justified on grounds that the employer controls the servant’s actions, benefits from the work, and is thus responsible for risks arising from it. Importantly, liability arises even without direct fault on the employer’s part.
Two requirements must be satisfied: first, there must exist a valid employer–employee relationship; second, the wrongful act must occur within the scope of employment. If these conditions are met, the employer is liable for the servant’s torts.
In Lister v. Hesley Hall Ltd (2001), the House of Lords applied the “close connection” test, holding employers liable for acts sufficiently linked with employment. Similarly, in State Bank of India v. Shyama Devi (1978), the bank was held liable for fraud committed by its employee.
Answered By:
Similar Questions
Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Under what circumstances can the appropriate government commute the sentence of death and life imprisonment for anyother punishment? Discuss.Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"Doctrine of foreseeability', not the 'proximity', is a correct test of 'remoteness'." Explain with the help of case-laws.Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
Describe the salient features of the Protection of Civil Rights Act, 1955.
"Homicide means killing of a human being by a human being." Explain the statement and distinguish between culpable homicide amounting to murder and not amounting to murder.
Answer in 150 words. Support your answer with relevant legal provisions and judicial pronouncements:
"The definition of 'public servant' as per the Prevention of Corruption Act, 1988 is only illustrative and not exhaustive." Comment."Right to private defence is a valuable right but it must be exercised reasonably." Explain with examples.
Discuss the law of defamation. Is this correct to say that law of defamation gives too much protection to 'reputation' and imposes too a great restriction on the freedom of speech? Comment.
"The law of torts is said to be a development of the maxim ubi jus ibi remedium." Illustrate your answer with the help of decided case-laws.
"Nuisance is no branch of negligence." Explain. Describe who can sue and who is liable for nuisance.
Critically examine the provisions relating to few major offences which fall under the 'offences against marriage' in the criminal law of India. Support your answer with case-law.
Important Questions from Miscellaneous
Write a note in 150 words
Mendelian and non-Mendelian traits.Write a note in 150 words
Theoretical significance of Purum kinship-system.Write a note in 150 words
Smell as a signal among non-human primates.Write a note in 150 words
Osteodontokeratik culture and its makers.Discuss the Miocene hominoid remains and their significance in evolution.
