Question

PRINCIPLE: A master is liable for the acts committed by his servant in the course of employment.
FACT: Sanjay is a driver working in Brookebond and Co. One day, the Manager asked him to drop a customer at the airport and get back at the earliest. On his way back from the airport, he happened to see his fiancé Ruhina waiting for a bus to go home. He offered to drop her at home, which happened to be close to his office. She got into the car and soon thereafter, the car somersaulted due to the negligence of Sanjay. Ruhina was thrown out of the car and suffered multiple injuries. She seeks compensation from Brookebond and Co.

• A. : Brookebond and Co., shall be liable, because Sanjay was in the course of employment at the time of accident
• B. : Brookebond and Co., shall not be liable, Sanjay was not in the course of employment when he took Ruhina inside the car.
• C. : Ruhina got into the car at her own risk, and therefore, she cannot sue anybody.
• D. : None of the above

Hint:

If an employee is on duty or returning from duty, the employer remains liable for their actions during that period.

Answer 1

The Correct Option is A

Under the principle of vicarious liability, a master is responsible for acts of a servant if they occur in the course of employment.
In this case:
Sanjay was returning from a company-assigned duty.
Even though he took a slight detour to drop Ruhina, the primary journey was still part of the company’s assignment.
Therefore, his actions and resulting negligence fall under the scope of employment. Thus, Brookebond and Co. is liable for the damages caused. \fbox{Final Answer: (A): Brookebond and Co., shall be liable}