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Report No. 01

Appendix VI

General Principles of Tortious Liability as Referred to in The Proposals

A. Liability of master to third parties for torts committed by servant:

(1) A master is liable for-

(a) all acts done by a servant which are authorised by the master;

(b) all acts done by the servant in the execution of his authority, including an excessive or improper or mistaken execution thereof;

(c) all the necessary and natural consequences of the authorised acts;

(d) all acts which are ratified by the master.

(2) A master is liable for all acts done by a servant in the course of his employment or within the scope of his employment, including acts done improperly, negligently or fraudulently, whether the master is benefited by such acts or not; and acts done in violation of express prohibitions issued by the master; but not for acts which the master himself could not have lawfully done even though they have been done by the servant in good faith for the master's interest.

Liability of the State in Tort Back

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