The Mind-Bending Conundrum of Section 82
torts ts_lawcet intermediate concept_confusionI'm totally stumped by Section 82 of the Indian Contract Act. Kya yeh Section to hain kya? It's like a contradictory mess. According to this, an agent is vicariously liable for the acts of its servants. But, if the act is not done in the course of employment, the agent is not liable, right? But, if the act is done in the course of employment, the agent is liable. Lekin, what if the act is done partly in the course of employment and partly not? Aapne koi solution yahaan?
This Section reminds me of that one case, M/S Hindustan Construction Company Ltd vs. Union of India (2011). The SC held that an independent contractor is not vicariously liable for its sub-contractor's negligence. Kya yeh Section with it conflicting? Help, anyone?
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