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Principle: A master is vicariously liable for torts committed by a servant in the course of the servant's employment, but not for acts done outside that course. Facts: D, employed as a delivery driver by E, drives the company van to a friend's wedding on a Saturday — purely personal use, no company business. While returning, he negligently injures P. P sues E. Best outcome?
AE is liable because D was using E's van
BE is not liable because D was on a personal frolic outside the course of his employment
CE is liable only for half the damages
DE is liable only if D was paid for Saturday work
Answer & Solution
Correct answer: B. E is not liable because D was on a personal frolic outside the course of his employment
Vicarious liability requires the wrongful act to be in the course of employment. A 'frolic of his own' (Joel v Morison 1834) takes the servant outside the scope; the master is not liable. Use of the master's property alone does not extend the scope of employment.
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