The question (10 marks)
'Qui facit per alium facit per se.' Explain the scope of and justification for vicarious liability of a master for the torts of his servant. How is the master–servant relationship determined? (10 marks)
Original question written for this pack on the pattern of the University of Mumbai LL.B. papers.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 16 · Vicarious and State Liability of Law of Torts, Motor Accident Claims and Consumer Protection.
Authorities you will need
- Dharangadhara Chemical Works Ltd v State of Saurashtra
- State of Rajasthan v Vidyawati
- Kasturilal Ralia Ram Jain v State of Uttar Pradesh
- Limpus v London General Omnibus Co (1862) 1 H&C 526
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.