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.
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