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
Principles:
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
- In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
Facts: Ramesh hired a taxicab to go to Delhi Airport. As he started late from his home, he kept on urging the taxidriver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
Legal Principle: The law states that a food business operator must be registered with or licensed by the Food Safety and Standards Authority of India (FSSAI) to run a food business.
Fact Situation: Kavita’s neighbours suffer food poisoning after consuming sweets gifted by her on the occasion of a celebration at her home. Kavita does not have a registration or license from the FSSAI.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
India became a member of the United Nations in the Year
Which of the following must the plaintiff prove as an element of the tort of battery?
Injuria sine damnum stands for.
PRINCIPLE An owner of land has the right to use the land in any manner he or she desires. The owner of the land also owns the space above and the depths below it.
FACTS Ramesh owns an acre of land on the outskirts of Sullurpeta, Andhra Pradesh. The Government of India launches its satellites into space frequently from Sriharikota, near Sullurpeta. The Government of India does not deny that once the satellite launch has travelled the distance of almost 7000 kilometres it passes over Ramesh's property. Ramesh files a case claiming that the Government of India has violated his property rights by routing its satellite over his property, albeit 7000 kilometers directly above it.
Applying the principle to the case you would decide
PRINCIPLE Trespass is the unauthorized entry through the person or tangible object into the property of another. The rights of property exist on the surface, aerially and in the subterrain.
FACTS Kumari and Shravan lived in houses interspersed by the plot of Shantanu. Kumari and Shravan set-up a walkie talkie connection by setting up their transmitte~s facing each other. When Shantanu came to know about the arrangement, he filed a suit of trespass stating that the same was a case of trespass as signals could reach each other only by crossing his plot.
PRINCIPLE Assault is the use of words or gestures inducing a threat of force or danger to the person.
FACTS X and Y being friends were comparing stalwarts of their favourite football teams. X egged Y to go on and without realising it converted into a verbal sling fest and reduced to angry expletives. X and Y decided to file suits of verbal assault against each other.
PRINCIPLE Res ipsa loquitur reverses the burden of proof, creating a rebuttable presumption of the guilt of the defendant in situations where the default of the defendant seems apparent.
FACTS X, a truck driver, crashed into Y for no fault of his while trying to save Z, a student who was loitering in school uniform. Based on the facts above, Y inquires the presumption of negligence shall be in favour of
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:
1. An act done by the consent of a person above 18 years is not an offense; provide the offender did not intend to cause death or grievous hurt.
2. Mere pecuniary benefit is not a thing done for a person's benefit'.
FACTUAL SITUATION: A, a poor man, is in dire need of money to pay off his money lenders. An approaches Z, a doctor, to operate on him to remove one of his kidneys so that he can donate it to needy people and earn money. The doctor explains to him the risks and thereafter proceeds to remove his kidney. In the process, some complication develops and A develops an abdominal tumor. Is Z guilty? DECISION:
