Advertisements
Advertisements
प्रश्न
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
विकल्प
Verma is liable for the act of Alok since he is Verma’s driver
Verma is liable for the act of Alok since he had gone to pick Verma from the airport.
Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods.
Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.
Advertisements
उत्तर
Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.
Explanation:
Three elements need to be fulfilled to transfer vicarious liability. They are the relationship between employer v employee, the tortuous act of negligence committed, and within the course of employment. Employers to be responsible for the lack of care on the part of employees (to whom the employers owe a duty of care). To apply the respondent superior, the employee's negligence must occur within the scope of their employment. Additionally, it is important to know whether B is an employee of A and also to determine whether B was within the scope of employment when the negligent act was committed.
Although there was an employer-employee relationship between Verma and Alok, Alok was not acting in the scope of his employment when he was delivering the package with contraband goods and was arrested for the same. thus Mr. Verma is not liable for his acts.
APPEARS IN
संबंधित प्रश्न
Principle: Acceptance of the proposal must be the exact mirror image of the proposal.
Facts: 'A‘ made a proposal to 'B‘ to sell a chair for Rs. 500. 'B‘ is desirous of buying the said chair for Rs. 400.
Principle: Whoever by words publishes any imputation concerning any person is said to defame that person.
Facts: During a marriage ceremony, A circulated a pamphlet saying the sister of the bride 'S‘ is a thief, she has stolen the shoes of the bridegroom.
Principle: Nothing is an offense by reason of any harm it may cause to another person if it is done in good faith and for the benefit of that person even without that person‘s consent.
Facts: A is attacked by a Lion and Lion drags him while he is crying for help. B, a passer-by picks up A‘s gun in good faith and fires at Lion which injures A. B has never used the gun before.
Principle: Doing of an act which causes common injury, danger or annoyance to the public or which is likely to cause such injury or annoyance is Public nuisance. A common nuisance is not excused because it causes some nuisance or advantage.
Facts: 'A‘ a farmer having large farmlands burns crop residue (stubble) on his fields after harvesting the crop to make the field ready for next crop as this is the easy, fast and convenient method of making the field ready for next crop. His farmlands are adjoining a densely inhabited residential area and people pass through the smoke while traveling on the road adjoining his farmlands. The smoke caused by fire also enters the houses in the colony.
Principle: Use of criminal force intentionally knowing that it would cause or is likely to cause injury or annoyance to the person against whom force is used, is an offense.
Facts: X, a renowned social worker who had launched a movement for the liberation of women, pull up a Muslim women‘s veil in public in good faith without her consent causing annoyance to her.
The Government of India is planning to open Rail Link between Sealdah to Devpura. Devpura is located in –
What main element differentiates the crime of battery from the tort of battery?
PRINCIPLE The use of force with the intent to cause harm, or annoy or induce· fear is termed as the Torts of battery.
FACTS A group of construction workers was negligently handling bricks bycatch and throw. Simmons was passing by the site where one such brick fell on Simmons and he brought a case of battery against the contractor under whose employment the workmen were carrying out the construction.
LEGAL PRINCIPLE 'Consent' defined as - Two or more persons are said to consent when they agree upon the same thing in the same sense.
What does 'consent' include?
Given below is a Statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.
Legal Principle: The occupier of a premise owes a duty of care to all his invitees and visitor.
Factual Situation: Radhika's brother, Akash, had come to visit at her place. After seeing her wealth. Akash decided to commit theft that night. While he was trying to escape that night he gets electrocuted by the wires which were fixed on the boundary walls. Akash plans to sue Radhika. Will his claim succeed? DECISION:
