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 by 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 by 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.