THE NATURE OF A MASTER'S LIABILITY IN THE LAW OF TORT

Authors

  • G J HUGHES
  • A H HUDSON

Keywords:

Master and Servant

Abstract

In the absence of judicial recognition of a basis for the master’s vicarious liability for the torts of a servant, the authors canvass the opposing views of four writers and expose a technical problem in the traditional view. They examine five situations while asking whether the master is liable in each: 1) where an infant servant commits a tort arising out of a contract breach for which he/she cannot be sued; 2) a servant commits a tort that is also a felony; 3) a servant commits a tort but a disease of the mind prevents knowledge of the nature and quality of the act; 4) infancy prevents a servant from being found negligent; 5) a servant knowingly fails to expose the misrepresentation of another servant.

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Published

1953-01-01

Issue

Section

Legal Commentary