Legal Principle: An employer is liable for the act of his servant performed during the course of…
The correct choice is: “Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.” Vicarious liability arises only for acts…
Choose your answer
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Answer and explanation
Correct answer D
The correct choice is: “Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.”
Vicarious liability arises only for acts done in the course of employment. Alok was employed to drive Verma; carrying parcels for others was his private side business, done without Verma’s knowledge or permission. Stopping to deliver a parcel was a ‘frolic of his own’, outside the course of his employment, even though it happened on the way to the airport. So Verma is not liable.
Being Verma’s driver, or being on the way to pick Verma up, does not bring an unauthorised private errand within the course of employment. “Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods.” gives the wrong reason: Alok’s knowledge is irrelevant to whether the employer is vicariously liable.
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CLAT UG