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Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether the State was vicariously liable for the death of gratuitous passengers injured in a jeep accident caused by a government driver who had taken the vehicle for a joy-ride and given lifts to third parties.
Analysis: The driver's act of bringing the jeep from the workshop was within employment, but his later conduct in going on a spree and carrying unauthorised passengers was held to be outside the scope of employment. A master is liable only for acts done in the course of employment, and not for an independent wrongful act of the servant done for his own pleasure. The fact that the vehicle belonged to the State did not extend liability where the passengers were merely gratuitous lift-takers and the driver had no authority, express or implied, to carry them.
Conclusion: The State was not vicariously liable for the deaths of the gratuitous passengers.
Final Conclusion: The appeals failed because the accident, so far as the passengers were concerned, arose from the driver's unauthorised act outside the course of his employment, leaving liability only, if at all, on the driver himself.
Ratio Decidendi: A master is not liable for injuries to gratuitous passengers where the servant, though otherwise engaged in the employer's business, gives unauthorised lifts and thereby acts outside the scope of employment.
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