The essential ingredients of the doctrine of common employment are

Advertisements:

 


Doctrine of common employment is an exception to the rule that a master is liable for the wrongs of his servant.

The essential ingredients of the doctrine of common employment are:

(1) The wrongdoer and the person injured must be fellow servants

(2) At the time of accident, they should have been engaged in

If A was injured by negligence fox's servant, Y and both A and Y were servant of X, then under this doctrine A could not mark X-vicariously liable for damages suffered by A. Defence available to X, was A and Y were in common employment. However due to number of legal reforms and passing of pro- workers acts this doctrine has become of historical importance only.


Advertisements: