CHANAKYA NATIONAL LAW

UNIVERSITY,patna

ROUGHT DRAFT :LAW OF TORTS

TOPIC: TEST OF CONTROL FOR ESTABLISHING Vicarious

liability

SUBMITTED TO:-

MS SHUSHMITA SINGH
FACULTY of LAW OF TORTS

SubMITTED By:

Ga
urav kumar

ROLL NO 1323

BA LLB, 1ST SEMESTER

Introduction
Vicarious liability in English law is a doctrine of English tort
law that imposes strict liability on employers for the
wrongdoings of their employees. Generally, an employer will be
held liable for any tort committed while an employee is
conducting their duties.

An employer is strictly liable for torts committed by those under

his command, when they are found to be his employee. To this
end, the courts must find a sufficient relationship to this effect,
where issues of vicarious liability are raised. It has been stated
judicially that no one test can adequately cover all types and
instances of employment; thus, generally, the tests used and
ultimate determination rest upon the individual aspects of each
case, looking at all the factors as a whole.

A servant is a person who is subject to the command of his

master as to the manner in which he shall do his work."

The control test effectively imposed liability where an employer

dictated both what work was to be done, and how it was to be
done. This is aptly suited for situations where precise
instructions are given by an employer; it can clearly be seen
that the employer is the causal link for any harm which
follows. If on the other hand an employer does not determine
how an act should be carried out, then the relationship would
instead be one of employer and independent contractor.

AIM AND OBJECTIVE

 i. To discuss (in brief) the concept of vicarious
liability.
ii. To study the subject matter of Test of Control
and its position in India.

hypothesis
In India, The Test of Control is generally not used, even in
cases when it can be.
Test of control is not an essential ingredient to hold the
master vicariously liable.

RESEARCH METHODOLOGY

For the project research, researcher will rely upon the Doctrinal
Method of Research.

Tentative chapterisation
 INTRODUCTION
TEST OF CONTROL and HOW IT RELATES WITH VICARIOUSLY LIABILITY
POSITION IN INDIA AND ABROAD
IMPORTANT CASESS UNDER TEST OF CONTROL
CONCLUSION

BIBLIOGRAPHY
LAW OF TORTS BY DR. R.K.BANGIA
www.lawteacher.net Free Law Essays Tort Law
William R Buckley and Cathy J Orkent - Torts and Personal Injury Law
www.legalservicesindia.com/.../vicarious-liability-in-india-1634-1.html