The seldom quoted authority on the development of Section 65 of the 1858 Act is that the decision of the Supreme Court of Calcutta rendered in 1861 within the case of Peninsular & Oriental Steam Navigation Co. This crucial embodiment of common law decision still has some valid crucial headings and influence most of the present times relating to vicarious liability and disputes to establish liability on a sole individual or group of the organization. Secretary of State for India, as this was the first case during which the excellence between sovereign functions and non-sovereign functions was made. The classic decision on the subject is that the Peninsular and Oriental Steam Navigation Co. Secretary of State for India The judgment was given great distance back in 1861 when the notion “The King can do no wrong” was still prevalent under English Common Law and thus, the King wasn’t to blame for the wrongs of its servants. in Peninsular and Oriental Steam Navigation Co. In India the story of the birth of the doctrine of exemption begins with the selection of Peacock C.J. (Pre-constitution case, still applicable, based on Vicarious Liability, Law of Torts) Section 65 of the Government of India Act, 1858 equated the liability of the Secretary of State for India with that of the East India Company. Peninsular and Oriental Steam Navigation Company Peninsular and Oriental Steam Navigation Company v.
0 kommentar(er)
