Liability of Vicarious Employer - A Conundrum
torts clat_ug advanced mcq_debateHey guys, Arjun here. I'm having a tiff with my friend Rohan over this question from CLAT 2020 (Torts). It goes like this: 'A, the manager of B's factory, while supervising, is hit by a stone thrown by a trespasser. A claims damages from B. Decide.'
Rohan says A cannot recover as there's no direct breach of duty by B. He cites the principles of Ryland's v Fletcher (1868) and argues since the stone was thrown by a trespasser, there's no privity or vicarious liability.
But I'm like, wait, dude! B's got a duty to ensure that their premises aren't a hazard. If A got hit, it's because B's negligence in maintaining the premises allowed the trespasser access.
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Tumhare question ke jawab mein, vicarious liability kaha jata hai kyonki employer ka responsibility hain ki unki employees ke actions ke liye answer dena. Waise, Section 86 aur 87, Contract Act, 1872, under liability of employer define karte hain jab employees ne apne duty karte samay koi galti ki. Employer ko bharosa kiya jaata hai ki woh apne employees ko right path follow karne ke liye dekhbaal karega.