General Part, Illustrations. (3)

1. A., being on work on a building, by carelessness lets fall a block of stone on B., who is lawfully passing by, and B. is thereby so injured that he shortly afterwards dies. A. has wronged B., and B.’s executors can sue A., though A.’s act may be an offence under sect. 304a of the Penal Code.

2. A. wrongfully takes B.’s cow out of B.’s field and detains it under pretence that he bought it at an auction-sale in execution of a decree. B. can sue A., though A.’s act may be an offence under sect. 378 of the Penal Code.

Liability for wrongs of agent.13. Every one is liable for wrongs done by his authority or done on his behalf and ratified by him.

Liability for wrongs of servant.14. (1) An employer or master is liable for the wrongs of his servant, whether authorized or ratified by him or not, if and so far as they are committed in the course of the servant’s employment, and for the employer’s or master’s purposes.

(2) The master of a person engaged on any work is that person who has legal authority to control the performance of that work, and is not himself subject to any similar authority in respect of the same work.

Exception 1.—Where the person wronged and the wrong-doer are servants of the same master, and the wrong is done in the course of one and the same employment on which they are at the same time engaged as such servants, the wrong-doer not being in that employment set over the person wronged, the master is not liable unless he knew the wrong-doer to be incompetent for that employment, or employed him without using reasonable care to ascertain his competence.

Explanation.—For the purposes of the foregoing exception the whole and every part of the ordinary service of a household is deemed to be one and the same employment.

Exception 2.—A person who is compelled by law to use the services of another person, in the choice of whom he has no discretion, is not liable for wrong committed by that other in the course of such service.