Test for Determining Master-Servant Relationship. If a servant does any act willfully, recklessly or improperly then the master will be held liable for any wrong arising out of such act, if such an act is done in the course of employment. Cloudflare Ray ID: 5e9e183c3e4b9e91 Here for the fraudulent act of C, the bank will be liable. And other is that the tort committed by the servant should be at the … The manager told her to sell her cottage and to call up the amount of mortgage. Change ), You are commenting using your Facebook account. Thus, she sued the defendant company. Company. For e.g. Relations in which Vicarious Liability arises, Vicarious Liability of Master for torts by Servant. No notes for slide . The defendant was held liable despite his servant taking all due care. Here P can instruct him what to do but how to repair the machinery is left to be done by J without any instructions from P. Various ways in which liability of Master arises, Wrong done as a natural consequence of an act by Servant for Master with due care. Your IP: 83.212.170.13 For the determination of a Master-Servant relationship, certain tests have been developed over a long period of time. In such a case even though B was not driving the car he will still be liable for the accident which was caused due to the negligence of A. Whenever a person commits an act which is unlawful, that person is held liable for violating the law and thus he is punished accordingly. In most instances, a master-servant agreement is a settlement for a service wherein the employer has direct manage the actions of the servant. The respondent hotel was held liable due to the act of the barman who had a master-servant relation with them. It means that the superior should be held responsible for the acts done by his subordinate. The Court held the bank liable as the act of giving him gun amounted to authorize him to shoot when he deemed it necessary and while the guard had acted overzealously in his duties but it was still done in the course of employment. Illustration: A is the owner of a big area of land on which farming activities are carried out and he has hired many workers for farming. v. Ranjit Ginning & Pressing Co. (P). Firstly, it was committed by the Agent in the course of his employment, although the Principal did not authorize it or participate in it. Falling is my favorite song by Trevor Daniel, my favorite cricketer is MS Dhoni, I am one of the people who are inquisitive about what is going on around the globe whether it affects our lives or not. © Copyright 2016, All Rights Reserved. The old Control test is not applicable as an exhaustive test because in cases of work requiring skill such as a doctor working in a hospital, the owner of the Hospital cannot instruct the doctor on how to treat a patient and can only instruct him to treat patients. If H works as a house cleaner for K then there is a master and servant relationship between them but, if H instead of cleaning the house decides to cook food even though he has only been hired for cleaning the house and due to his negligence causes a fire which also causes loss to K’s neighbour L, then K, will not be liable because H did an act which was outside the course of his employment. ( Log Out / In this case, the general rule is that the master is liable for all sorts of acts that are authorized by him. Here P as the owner has the right of telling them which news should be covered and how it should be written. Vicarious Liability of Master for torts by Servant. v. Ranjit Ginning & Pressing Co. (P), deceased was travelling in a car driven by the manager of the respondent company and it met with an accident as a result of which he died. There are many cases in which the servant does an act for his master and thus in law, it is … In Bayley v Manchester S&L Railway (1873) LR 8 CP 148, a porter of a railway company while working mistakenly believed that the plaintiff was in the wrong carriage even though he was in the right one. But if the servant does an act altogether different from the act which he has been authorized to do by his master, it will not be considered to be done in the course of employment. In Gregory v. Piper(1829) 9 B & C 591, the defendant and plaintiff had some disputes between them and the defendant, therefore, ordered his servant to place rubbish across a pathway to prevent the plaintiff from proceeding on that way and the servant took all care to ensure that no part of it was touching the part of the plaintiff’s property but with the passage of some time. This test provides that people who are in a contract of service are deemed to be employees whereas the people who are in contract for service are independent contractors. A, not only instructs them how to do their jobs but also how to do it. The relationship which the partners have with each other is the same as in between Principal and Agent for the tort committed by any partner of the company, all partners of the company are liable. 2. For example –Refer to Mersey Docks and Harbour Board V Coggins Griffiths Ltd 1947. If A goes to a bank and deposits a check with C, an employee of the bank and C fraudulently transfers that amount to his wife’s account. In an IT company the programmers are the employees of the company and there is a master-servant relationship but if the company has hired catering services, the company does not have a master-servant relationship because the act of providing food is not an integral part of an IT company. 1.Qui facit per alium facit per se: – It means that whenever a person gets something done by another person then the person is viewed to be doing such an act himself.
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