Unit 16 of Law of Torts, Motor Accident Claims and Consumer Protection (syllabus: Vicarious and State Liability). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What makes a man a servant rather than an independent contractor?
- Course of employment: an authorised act done in an unauthorised way
- When is the State liable for the torts of its servants?
- Compensation for a violated fundamental right: the constitutional tort
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Law of Torts (common law), s. Article 300(1) of the Constitution
Leading cases
- Dharangadhara Chemical Works Ltd v State of Saurashtra
- Century Insurance Co. Ltd v Northern Ireland Road Transport Board (1942)
- State of Rajasthan v Vidhyawati
- Nilabati Behera v State of Orissa (AIR 1993 SC 1960)