| Principle |
| 1. Master, is liable for the wrongful acts committed by servants, in the course of their employment, if third parties suffer damages in consequences. |
| 2. However the master is not liable, if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment. |
| 3. If a person by an act lowers the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages. |
| Facts Tiwari is servant of Ajit. On his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr Singh of being a dishonest person. Mr Singh wants to sue Ajit, as Tiwari is Ajit's servant. |
A) Ajit is liable, because Tiwari defamed Singh
B) Ajit is not liable, as the defamation was not in the course of Tiwari's employment
C) Ajit is liable, even though the defamation was not in the course of employment
D) None of the above
Correct Answer: B
Solution :
According to the law to Torts and the principle given here, Ajit is not liable because the defamation of Mr Singh by Tiwari, is not in the course of employment. Though he was coming to Ajit's house to report for duty, on the way he stops to hare a cup of coffee and there on seeing Mr Singh, Tiwari defames Mr Singh so it is not in the course of employment.
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