cover image: The Calcutta Weekly Notes  Monday  May 5  1919

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The Calcutta Weekly Notes Monday May 5 1919

1919

In short the master is regarded as insuring the public against the consequences of all wronful acts of his servant done in the course of the performance of his duties by the latter however wilful and ill ne;a1 such acts may be subject only to the condition that the servant intended therby to serve the master's and not his own private interests. [...] The general rule is that the master is answerable for every such wrong of the servant or agent as is committed in the course of the service and for the master's benefit though no express command or privity of the master be proved. [...] Accordingly where the driver of an omnibus wilfully and contrary to the express orders of his master pulled across the road in order to obstruct the progress of the Plaintiff's omnibus it was held in an action for negligence that the act although reckless was nevertheless in the course of the driver's service and to effect that which he thought best for the interest of his master and that th [...] If this dictum was made suject to the further qualification that the act was not of a criminal character then it is submited no reasonable objection could be taken to the view that every act of the servant in the course of the employment must be treated as done ima.or the master's orders thereby rendeing the latter liable as a joint tortfeasor. [...] The chief features of the comentary in this work is that the words of the Legislature have' been in the first place relied upon in the interpretation of the statute.
law
Pages
4
Published in
India
SARF Document ID
sarf.100104
Segment Pages Author Actions
The Calcutta Weekly Notes Monday May 5 1919
ci-civ unknown view

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