Liability for Servant Only While on Duty
Where a servant is undergoing a journey with a cart on behalf of his master, and makes a diversion for his own purposes, during which an injury is caused to a third party, the master is not liable, but if the servant remains on his master’s business but causes injury because of the way he manages the cart, his master is liable.
Parke B
(1834) 6 C and P 501, [1834] EWHC KB J39, (1834) 172 ER 1338
Bailii
England and Wales
Vicarious Liability
Leading Case
Updated: 11 November 2021; Ref: scu.189978