Master and servant is a term used to describe the legal relationship between an employer (master) and employee (servant) for purposes of determining an employer's liability for acts of an employee. A master and servant relationship is determined based upon the amount of controlthe employer exercises over the service provide by the employee. A master will be liable for actsof an employee committed while within the scope of employment. Such liability attaching to anemployer due to acts of an employee is called vicarious liability.This is distinguished from a relationship between an employer and independent contractor. Anemployer is generally not vicariously liable for acts of an independent contractor, whether or notthey were done within the scope of employment.
Mutual Obligations of Master and Servant
Please note that the original version is split into two paragraphs only, which would have made itdifficult to read online.MASTER AND SERVANT, MUTUAL OBLIGATIONS OF. - It is universally admitted that agood master makes a good servant; and one of the best signs of a proper understanding existing between the employer and the employed is furnished by servants remaining for a lengthened period in the same situations. A master should treat his servant with firmness but not withseverity; he should lead his servant to understand that when to once ordered anything to be done,he expected it to be promptly and properly obeyed, without being compelled to reiterate theorder. A servant should be paid at a fair and just rate for his services. A master should carefullyavoid commissioning his servant in questionable offices, as, for instance, inducing him to tell afalsehood, or ordering him to commit some mean act by which a petty advantage may be gained.By such a course of conduct all moral restraint will be lost, and the servant will in all probabilityavail himself of similar acts against his master's interest.Family quarrels and disputes with any member of the househould never be carried on in the presence of a servant; such displays have a tendency to lessen the parties in the eyes of theservant, and encourage acts of insubordination. No master should make a confidant of hisservant, or intrust him with any secret to his prejudice; this at once gives a servant undueimportance, and leads him to take liberties which he would not otherwise dare to contemplate.Some allowance should b« made for the feelings and sufferings of a servant; thus, when he isovertaken by illness, or visited with affliction, he should be treated with merciful consideration;such a concession is never thrown away, for should an employer subsequently share a similar fate, he will find in his servant a sincere sympathizer and a watchful attendant. Servants should be indulged in occasional holidays and hours of relaxation; under these conditions, labour will be performed with more alacrity and greater interest.
The duties of a servant towards his employer
may be summed as follows: He should implicitlyobey the orders given him, without murmur or dissent. He should also endeavour to gain aknowledge of his employer's habits, and anticipate his wishes, so as to spare the necessity of