Legal Principle An employer is liable for the act of his servant performed during the course of empl...........

Legal Concepts Law of Torts

Legal Principle: An employer is liable for the act of his servant performed during the course of employment.

Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he wasdelivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.

Which of the following statements is the most appropriate in relation to the legal principle stated above.

Verma is liable for the act of Alok since he is Verma’s driver.

Verma is liable for the act of Alok since he had gone to pick Verma from the airport.

Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods

Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.

Explanation:

The master is liable only and only when the tort is committed under the course of employment. Course of employment is a broad term and it doesn't only mean the time period of employment. It also means the work directed by the principal/master during the course of employment. Any act/omission done by the servant which is not directed by the master doesn't come under the course of employment and thereto make the master free from the liability of the omission done by the servant. Here clearly delivering parcels was not directed by the master and hence the master is not liable. So the answer is 4 because it is more appropriate. You might think the answer to be 3 but merely not knowing doesn't mean that the master can't be liable. So the more appropriate answer is 4 in this question.