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P, owner of a car, asked his friend Q to drive the car to Bombay where he would join him. As the car was about five kilometres from Bombay, it hit a pedestrian R, on account of Q's negligent driving and injured him seriously. R sued P for damages. In this case :

  • A.P is not liable.
  • B.The liability is solely of Q, as P was not accompanying him.
  • C.Since Q was driving P's car was under his authority, P is liable.
  • D.P has the defence of inevitable accident.

Answer: C

P is liable. P was the owner of the car and asked his friend Q to drive it to Bombay, where P would join him, so Q was driving for P’s purpose and as P’s agent, and P is vicariously liable for Q’s negligent driving. P is not free from liability merely because he was not in the car, and the liability is not solely Q’s. The defence of inevitable accident fails because the injury came from Q’s negligence, which is not an accident beyond human control. The rule is that an owner is liable when the driver drives for the owner’s purposes, which is true here because the car was being taken to meet P.

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