BL – Nov 2015 – L1 – SA – Q16 – Law of Tort

Essential elements that establish vicarious liability.

Question

Which of the following is NOT an essential element of vicarious liability?
A. A master and servant relationship
B. The servant may be under a contract of service or contract for service
C. The act must be a tortuous act and not an offence
D. The servant must have committed the tort in furtherance of the interest of the master
E. The servant must have committed the tort in the course of performing an official duty

Answer

C. The act must be a tortuous act and not an offence

Explanation:
Vicarious liability may arise from both torts and offences committed by a servant while performing duties within the scope of employment. It is not limited to tortious acts alone.

Tags: Legal Elements, Multiple Choice, Tort Law, Vicarious Liability
Level: Level 1

Topic: Law of Tort
Series: NOV 2015

Uploader: Dotse