7Vicarious liability of masters

#### 7 Vicarious liability of masters 7 Vicarious liability of masters > Notwithstanding any law to the contrary, a master is vicariously liable in respect of a tort committed by the master’s servant in the performance or purported performance by the servant of an independent function where the performance or purported performance of the function: > > > (a) is in the course of the servant’s service for his or her master or is an incident of the servant’s service (whether or not it was a term of his or her contract of service that the servant perform the function), or > > > (b) is directed to or is incidental to the carrying on of any business, enterprise, undertaking or activity of the servant’s master.