Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker, Mutuku who was standing nearlit a cigarette. Unfortunately the petrol caught fire and burnt the whole station and injured several people.
Mpole the proprietor of the petrol station seeks your advice on whom he can sue. Advise Mpole. (10 marks)
ANSWER
• This problem is based on the principle of vicarious liability.
• In this case, it is apparent that Mwanzia is Mutuku‟s servant as a truckdriver.
• It therefore follows that Mutuku is vicariously liable for torts committed Mwanzia in the course of his employment. It is apparent that Mutuku was at the material time acting in the course of his employment and Mutuku is liable for any tortuous acts committed Mwanzia. Although Mwanzia was negligent litting the cigarette Mutuku is liable as the master. As the servants conduct is irrelevant.
• My advise to Mpole is to sue Mutuku for the loss of the petrol station.
• This is because Mutuku is vicariously liable for torts committed Mwanzia.