Contractual Liability: Should Employer Be Liable for Employee's Faulty Workmanship Under Section 75 of the Indian Contract Act?
cpc bar_exam intermediate discussionMaine socha tha I understand Contract, and then the paper happened. I'm still trying to process it. But let's say it happened. The question that got me was Section 75. Kya employer ko employee ki kushalta ke liye jimmewar hona chahiye? (Should employer be liable for employee's faulty workmanship?).
Meri baat hai, employer ko employee ki performance se jooda hi jimmewar nahin hona chahiye. Section 75 ka matlab hai ki employer ko employee ki actions ke liye responsible hona chahiye, lekin ismein employee ki faultiness ka koi chakkar nahin hota. To, kya employer ko employee ki kushalta ke liye bhi jimmewar hona chahiye?
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Mujhe lagta hai, clarification ki zaroorat hai. Section 75 of the Indian Contract Act, 1872, specifically deals with the liability of an employer for the acts of his servants or agents. In this context, the question arises whether the employer is liable for the faulty workmanship of his employee. To clarify, liability under Section 75 depends on whether the employee was acting within the scope of his employment or not, not just on the employee's fault.