Principle Master is liable for the wrongful acts committed by his servant provided the acts are...........

Legal Concepts Law of Torts

Principle: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However. the master is not liable if the wrongful act committed by his servant has no connection. whatsoever. with the servants contract of employment.

Facts: ‘D’ is a driver employed by ‘M’, who is the owner of a company. During the lunch time. ‘D’ goes to a close by tea shop to have a cup of tea. There he (‘D’) picks up fight with the tea shop owner (‘T’), which resulted in some damage to his shop. ‘T’ wants to sue ‘M’ for claiming compensation for the damage caused by the fight.

Which of the following derivations is CORRECT?

‘M’ will be liable because ‘D’ is his servant

Both ‘M’ and ‘D’ will be liable

‘M’ will not be liable because the wrongful act (picking up fight) was not committed in the course of D’s employment

‘M’ will be liable albeit the wrongful act (picking up fight) was not committed in the course of his employment

Explanation:

Two distinct hints in the facts point to this answer. Firstly Mwas on a lunch break, thus, off duty and secondly,
there was no connection of picking up a fight and carrying out D’s employment.
Hence, option 3 is the correct answer.