PRINCIPLE A master is liable for the acts committed by his servant in the course of employment FACTS...........

Legal Concepts Law of Torts

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.

FACTS: Sanjay is a driver working in Brooke bond and co. one day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter; the car somersaulted due to the negligence to Sanjay. Ruhina was thrown out of the car suffered multiple injuries. She seeks compensation from Brooke bond and Co.

Brooke bond and Co. shall be liable, because Sanjay was in the course of employment at the time of accident.

Brooke bond and Co. Shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.

Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.

None of the above

Explanation:

Let’s term the Airport as ‘A’, and the Brooke Bond office as ‘B’. Consider that the route between A & B is in a straight line: A < > B. Sanjay has been authorized to go from B to A, perform the task, and then get back to B. His course of employment subsists on the route from A to B. For everything that happens on the way, which is either directly or incidentally connected to his course of employment, he will be liable. Here, Sanjay picks up Ruhina on the route itself, and was travelling on the route when the accident occurred. NOTE: course, here, does not mean ‘route’. It means acts done during work hours, or while doing work which one is employed or authorized to do.