ABSTRACT
In early medieval times a master was held responsible for all the wrongs of his servants. Later, as the feudal system disintegrated, the ‘command theory’ emerged, under which a master was liable only for those acts of his servants which he had ordered or which he had subsequently ratified.1 Later still, with the development and expansion of industry and commerce, the ‘command theory’ fell into disuse for two main reasons: first, under modern conditions, it was no longer practicable for an employer always to control the activities of his employees, especially those employed in large businesses; and, secondly, the greatly increased hazards of modern enterprises required a wider range of responsibility on the part of employers than that which had been imposed in earlier times. The theory of vicarious liability which eventually emerged was that a master is liable for any tort committed by his servant in the course of the servant’s employment, irrespective of whether the master authorised or ratified the activity complained of, and even though he may have expressly forbidden it.
