Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Legal Principle: Master/Principal is vicariously liable for the tort committed by a servant/agent, in the performance of his duties as a servant/agent.

Factual situation: The plaintiff a bullion merchant was arrested by the police on a charge of purchasing stolen goods. Some of the gold and silver ornaments were seized for the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after being acquitted brought an action against the State for the compensation. In this case, compensation is DECISION:

Options

• Payable as there is misappropriation by the servants of the State

• Payable due to the fact that police constable has escaped to a foreign country

• Payable by the police constable himself and not by the State

• Not payable as the act was committed in discharge of sovereign function

Answer 1

Not payable as the act was committed in discharge of sovereign function

Explanation:

In the above-noted problem it is clear that the state is not liable because gold was kept in the police custody which was sovereign power. The state is exempted from any liability. Here "Not payable as the act was committed in discharge of sovereign function" is the correct answer.