Main Incidents of Master’s Liability

Introduction

Under the doctrine of vicarious liability, a master (employer) can be held responsible for the wrongful acts of his servant (employee). This liability arises when the servant commits the wrong while performing duties related to employment.

The law identifies several situations where the master becomes liable even if the wrongful act was not directly ordered by him.

Meaning / Definition

The main incidents of master’s liability refer to the different situations in which a master becomes legally responsible for the torts committed by his servant during the course of employment.

Even if the master did not personally commit the act, the law may impose liability because the servant was acting on behalf of the master.

Modes or Types

Wrong as a Natural Consequence of an Authorised Act

Sometimes a servant performs an act authorised by the master, but does it in an improper way. If the wrongful act happens as a natural result of carrying out the authorised task, the master may be liable.

Liability for Negligence of the Servant

If the servant performs his work carelessly and causes harm to others, the master can be held liable for that negligence.

The negligence must occur while the servant is performing duties related to employment.

Excess or Mistaken Execution of Lawful Authority

Sometimes a servant tries to perform a lawful act authorised by the master but does it in an excessive or mistaken way.

For the master to be liable:

• The servant must have intended to perform an authorised act on behalf of the master.
• The act, if done properly, would have been lawful.

Wilful Wrong Done in the Course of Employment

A servant may intentionally perform a wrongful act while trying to serve the master’s business.

If the act was done during employment and aimed at benefiting the master, the master may still be liable.

Fraudulent Acts of the Servant

A master can also be liable for the fraudulent acts of his servant if the servant had authority to perform that act.

The master is responsible when the servant’s authority encourages others to deal or interact with him. If the servant commits fraud within that authority, the master may be liable.

Criminal Acts of the Servant

Although criminal liability is generally personal, a master may still be liable in a civil action if the servant commits a criminal act during the course of employment.

Important Case Law

Indian Insurance Corporation Association Pool, Bombay v. Radhabai

A driver of a government vehicle allowed an unauthorised person to control the steering wheel while driving. This resulted in negligence.

The court held that allowing another person to drive was an unauthorised method of performing an authorised task. Therefore, the government, as the employer, was vicariously liable.

Baldeo Raj v. Deowati

A truck driver allowed the conductor to drive the vehicle. The conductor caused an accident that resulted in the death of a rickshaw passenger.

The court held that the driver breached his duty by allowing the conductor to drive, and the employer was vicariously liable for the negligence.

Distinction / Comparison

Authorised Act vs Unauthorised Mode of an Authorised Act

• Authorised act – An act that the servant is permitted to perform by the master.
• Unauthorised mode – The servant performs the authorised act but in an improper or negligent way.

A master is generally liable when the servant performs an authorised act in an unauthorised manner during employment.

Practical Example

A delivery company driver is authorised to deliver goods to customers. While driving, he carelessly allows a friend to drive the vehicle, which causes an accident.

Even though the driver was not authorised to let another person drive, the act occurred while performing his job duties. Therefore, the employer may still be liable.

Summary

• A master can be liable for wrongs committed by a servant during employment.
• Liability may arise when the servant performs an authorised act in an improper way.
• The master is responsible for negligence committed by the servant while working.
• Liability may also arise for excessive execution of authority or intentional wrongs.
• Fraud committed by a servant within his authority can also make the master liable.
• Even criminal acts may create civil liability if they occur in the course of employment.