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2(A)(ii)(b)(ix) Vicarious liability of State ‘The State is liable vicariously for the torts committed by its servants in the course of employment. But there are certain areas where the State is not liable and the subject has been discussed elsewhere.’ 2(A)(iii) Master’s right to recover damages from servant wenn) ee tiv An 3, LIABILITY BY ABETMENT ) uetions Of Wrong, those who abet the tortious acts are equally liable with - ho commit the wrong.” A Person who procures the act of another is le- le for its consequences (1) if he knowingly and for his own ends person to commit an actionable wrong, or (2) when the act he right of the immediate actor and, therefore, not wrongful so cerned, but is detrimental to a third party and the inducer ©. use of illegal means directed against that third party,”! damagen i) Cie pow ‘anus — a —_ oo corporation can ever be sued for any tort or wrong. he only way in which this corporation can act is by its council, and the resolution of the council is the authentic act of the corporation. If the views of the defendants were correct, no company could ever be sued if the directors of the company, after resolution did an act which the company | by its memorandum of association had no power to do. That would _ be absurd.” | Thus, a corporation will not escape the liability in tort merely because the act done is ‘ultra vires’ of the corporation and, therefore, it can be made liable both for ultra vires and intra vires torts.> 3. Minor Capacity to sue 'A minor has a right to sue like an adult with the only procedural difference that he cannot himself sue but has to bring an action through his next friend. Pre-natal injuries There are no English or Indian decisions on the point. The problem had arisen in an Irish, a Canadian case. In Walker v. G.N. Ry. Co. of Ireland,‘ plaintiff, a child, sued the railway company for damages on the ground he had been born crippled and deformed because the injury was

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