Liability of Employer in Vicarious Liability

torts du_llb intermediate mcq_debate

Mujhe aur meri dost ne ek MCQ par debate shuru kiya hai. Pehle, sawaal: An employee, working for a private insurance company, accidentally burns down a neighbour's house while trying to cook dinner at the office. Is company responsible for the damages in tort law?

Mujhe lagta hai ki haan, company responsible hai. Reason yeh ki hain: employer's tortious liability under vicarious liability is not necessarily limited to the course of employment. As the house was burnt down because of negligence, company's liability exists. Lekin dost ka khaandaan kuch aur kehta hai: company's vicarious liability only covers actions done during the course of employment, so employee's action of burning the house cannot be covered.

Tum logon se seekhna chahta hoon ki kya hoga?

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