Multiple choice

A master M employed a car mechanic S to repair cars. S repaired the plaintiff’s car and drove it for a short distance to check whether the repair was proper. In the process, S caused an accident and injured the plaintiff P. M is

  1. not liable as S was not authorised to drive the car

  2. liable for negligence of S

  3. not liable as S’s act was outside his course of employment

  4. liable as S’s act is necessarily incidental to the nature of his duties
Reveal answer Fill a bubble to check yourself
D Correct answer
Explanation

M can be held vicariously liable for negligence committed by a person S, as if the owner was a principal and the S was his or her agent, if the S is using the car primarily for the purpose of performing a task for M.

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