Sarath Kumara Perera Vs. Keerthiwansa and Others – sllr 1992 volume 2 page 156

In the case between Sarath Kumara Perera (Plaintiff-Respondent) and Keerthiwansa and Others (Defendant‑Appellant), the court addressed the issue of whether a master can be held vicariously liable for the negligent act of a driver who gave an unauthorized lift, resulting in the passenger’s death. It was held that a master’s vicarious liability extends to acts performed by the servant within the general course of employment, even where specific instructions have been breached, provided the servant is still engaged in the master’s work. The court reaffirmed the principle that secret or verbal prohibitions alone do not absolve a master from liability for torts committed in the scope of employment, and the act cannot be said to fall outside such scope merely due to disobedience. Reliance was pl