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An employer is vicariously liable for the torts of his servant committed 'in the course of employment'. An act is deemed to be done in the course of employment if it is either:
Answer & Solution
Correct answer: A.
1. Per the ICSI text, an act is deemed to be done in the course of employment if it is either:
2. (i) **a wrongful act authorised by the employer**, or
3. (ii) **a wrongful and unauthorised mode of doing some act authorised by the employer**.
4. *Century Insurance Co. Ltd. v. Northern Ireland Road Transport Board* (1942) — the petrol lorry driver struck a match while transferring petrol, causing fire; the act was 'an unauthorised way of doing what he was employed to do', so the employers were vicariously liable.
5. The master is liable even though the servant acted against express instructions, so long as the servant acted in the course of employment for the benefit of the master.
_Source: ICSI CS Executive — Lesson 6, '(g) Liability for the acts of Servants', p. 142._
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