8Further vicarious liability of the Crown

#### 8 Further vicarious liability of the Crown 8 Further vicarious liability of the Crown > > (1) Notwithstanding any law to the contrary, the Crown is vicariously liable in respect of the tort committed by a person in the service of the Crown in the performance or purported performance by the person of a function (including an independent function) where the performance or purported performance of the function: > > > > > (a) is in the course of the person’s service with the Crown or is an incident of the person’s service (whether or not it was a term of the person’s appointment to the service of the Crown that the person perform the function), or > > > > > (b) is directed to or is incidental to the carrying on of any business, enterprise, undertaking or activity of the Crown. > > > (2) Subsection (1) does not apply to or in respect of a tort committed by a person in the conduct of any business, enterprise, undertaking or activity which is: > > > > > (a) carried on by the person on the person’s own account, or > > > > > (b) carried on by any partnership, of which the person is a member, on account of the partnership.