De Silva, T.H.I. V. Trust Co., Ltd.

1953 Present: Gratiaen J. and H. A. de Silva J.

T. H. I. DE SILVA, Appellant, and TRUST CO., LTD., Respondent

S. C, 229-D. C. Colombo, 23,098
 

Delict-Master and servant-Distinction between " servant " and " independent contractor "-Servant vested with discretion as to how he should carry out his duties- Negligence-Scope of master's liability-" Course of employment".

An employer cannot escape liability for his servant's torts by pleading that he had vested in the servant a discretion as to how he should carry out his duties. In distinguishing between a servant and an independent contractor, " the ultimate question is not what specific orders, or whether any specific orders, were given but who is entitled to give the orders as to how the work should be done ".

The owner of a vehicle may be responsible for the consequences of the negligence of a person who was driving it if the owner had an interest in the journey being undertaken, i.e., if the vehicle was " being used wholly or partly on the owner's business or for the owner's purposes ".

Plaintiff, when he was travelling in a motor car belonging to the defendant insuran

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