Msafiri transporters employed Dickson Makanyanga as a driver to transport passengers from Nairobi to Busia while on the way; Dickson Makanyanga drove the bus at high speed while negotiating a sharp corner. As a result, he lost control of the bus and caused an accident .A total of twenty passengers were injured while three passengers died on the spot. Judy aliaka, who sustained a head injury and was hospitalized for a long time, has sued for compensation but Msafiri transporters have denied liability. In reference to vicarious liability in the law of tort, discuss five legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters.

Legal principles that Judy Naliaka may rely on in her suit against Msafiri transporters in reference to vicarious liability in the law of tort

Under the principle the employer is normally held liable for the torts committed the employee, the following conditions must be met;

  • The employee must be under the contract of employment to work for the employer known as contract of service.
  • The tort must have been committed in the course of performing his employment duties.
  • There was control of the employee the employer during the course of his duties.
  • The employer benefits from such duties of the employee and must bear responsibility for such benefits. The injury was done due to negligence.

It is apparent that Dickson Makanyanga is an employee of Msafiri transporters, and the tort was committed in the course of his employment. Judy should therefore sue Msafiri transporters for the tort as they are liable. Msafiri will then compensate Judy and many thereafter seek indemnity from Makanyanga.

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