What is the meaning of master and servant?
Master-and-servant definition The relationship between an employer or other person having authority to direct and control the performance of services; the person performing those services.
What is the legal definition of a master?
An individual who hires employees or servants to perform services and who directs the manner in which such services are performed. A court officer appointed by a judge to perform such jobs as examining witnesses, taking testimony, computing damages, or taking oaths, affidavits, or acknowledgments of deeds.
What is a servant in legal terms?
servant. n. an employee of an employer, technically one who works for a master. A servant is distinguished from an “independent contractor” who operates his/her own business even though spending much time on the work of a particular person or entity.
How do you determine the relationship between a master and a servant?
As per this test, for the determination of a master and servant relationship, it should be seen whether the master has the power to not only instruct what should be done but also the manner of doing the act and if such power exists then as per this test, the master and servant relationship exists between the two.
Who is a servant in law of tort?
A servant is a person employed by another to do work under the direction and control of his master. As a general rule, master is liable for the tort of his servant but he is not liable for the tort of an independent contractor.
Is a servant an employee?
Anyone who is employed by another person or group of people is a member of their staff. A servant is a particular type of employee who attends to the personal needs of the employer like a butler or a cook or a housemaid or a valet.
What is the difference between a servant and an employee?
Servant is an antiquated term used to refer to an employee—and not an independent contractor. Employees are distinct from independent contractors in that employees do not retain control over how they do their work.
Who is a servant in common law?
“(1) A servant is a person employed to perform service for an- other in his affairs and who, with respect to his physical conduct in the performance of the service, is subject to the other’s control or right to control.
When master is liable to his servant?
For acts committed beyond the scope of employment, the master is liable only if he has expressly authorized the act. A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee.
When a master would not be liable for the acts of his servant?
The law is settled that a master is vicariously liable for the acts of his servants acting in the course of employment. Unless the act is done in the course of employment, the servant’s act does not make the employer liable.
Is employee and servant same?
What’s the difference between an employee and a servant?