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  • Read the following passage and answer the question. Since ancient times, it is the rule that a person should be held liable for his own mistake. In the words of Plato: q

Read the following passage and answer the question.

Since ancient times, it is the rule that a person should be held liable for his own mistake. In the words of Plato: "a person should be held for his own sins". But, in the thirteenth century, in England, it was for the first time, established that the master would be liable for his servant's or slave's torts only when there is an express command of the master to the servant's wrong.

By the end of the 17th century, this concept of liability was found inadequate due to the rise in commercial transactions. A new development took place when Sir John Holt, in the case of Tubewille v Stamp (1697), held that "the master would be liable for his servant's tort if he had given his implied command". There is a maxim 'qui facit per alium facit per se' which means 'he who does an act though another is deemed in law to do it himself, on which the vicarious liability of principal for the tort of his agent is based. Usually, a person is liable for his tortious acts. But if he shares certain types of relationships with another person, that person might be liable for the wrongful act.

A principal is vicariously liable for the tort of his agent committed within the course of his authority. An agent is a person who, otherwise than as a servant and otherwise than as an independent contractor, whether by way of contract or only by way of request, conducts some business or performs some act or series of acts on behalf of another, i.e. principal. The liability of the master for the tort which has been committed by his servant is based on the maxim 'respondent superior' i.e. superior is responsible. In law, it is established that he who employs another to do something does it himself, or he who does an act through another is deemed in law to do it himself.

Question :

 

X shifted to the metro city from his village and joined as a household of Hari. He gets off every Sunday. One weekend Hari had to stay away for work purposes and he couldn’t return home. X planned to meet his friends and took Hari’s car and due to rash driving X and his friends hit an old man who got severe injuries. Decide on the liability.

Option: 1

Hari is responsible because he should give strict instructions to X not to use his belongings


Option: 2

Hari is responsible according to the principle of vicarious liability


Option: 3

X is responsible because he is responsible for the injuries and accident that happened due to his rash driving


Option: 4

X is not responsible because even though he committed the accident he did it on the weekend in the course of employment and not on Sunday


Answers (1)

best_answer

X is responsible to pay the medical expenses and other damages to the old man because what he did cannot be said to fall under the expression 'in the course of employment. Therefore, Hari is not responsible for all the acts of X. Hari is bound by vicarious liability for only those tasks which are done in the course of employment.

Posted by

vishal kumar

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