CHAPTER XIV 



MUTUAL LIABILITIES OF EMPLOYER AND EMPLOYEE, 

 BUYER AND SELLER 



I. LIABILITY OF EMPLOYER FOR ACTS OF EMPLOYEES 



IT is a general rule of law that a master is 

 liable in damages for the acts of his servant. 

 The principal exception to the rule is when the 

 act of the servant is without the master's author- 

 ity, either expressly conferred or implied from the 

 nature of the employment and the character of 

 his duties. 



This rule of law is largely based upon the 

 principle that it is the duty of the employer or 

 master to employ competent and trusty servants 

 to accomplish the work he has in hand, and that 

 one who acts through another acts himself. 



The master, however, is not generally liable for 

 the malicious or willful act of the servant outside 

 the scope of his employment, done without his 

 direction or assent, though while in his employ- 

 ment. An act of negligence committed by a 

 servant in consequence of his intoxication renders 

 the master liable in damages, if he can reasonably 

 be charged with knowledge of the servant's pro- 



(208) 



