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

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 servant’s 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 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:

Simply enough, D was employed to drive the car. During the lunch time, he was not driving or supposed to drive the car. Therefore, acts committed then falls outside the scope of employment. However, if he took a tea break while on an authorized trip, and he picked up a fight, then the master would be liable since it is a wrongful mode of doing an authorized act, in the course of employment.