हिंदी

Principle: an Employer is Liable for an Injury Caused by an Employee in the Course of Employment. Facts: 'A‘ and 'B‘ Were Working in a Factory as Unskilled Laborers. - Mathematics

Advertisements
Advertisements

प्रश्न

Principle: An employer is liable for an injury caused by an employee in the course of employment. 

Facts:  'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.

विकल्प

  • The employer will be liable 

  • The employer will not be liable  

  • A will be liable 

  • Both employer and A will be liable 

MCQ
Advertisements

उत्तर

The employer will be liable 

Explanation:

In this case, the employer is liable for the injury caused.  It does not matter whether or not he is at fault or whether he is the direct cause of injury. Even if the injury is caused to an employee due to the negligence of another employee, the employer is liable because the principle clearly states so. The principle says, “An employer  is liable for an injury caused to an employee in the  course of the employment.”

shaalaa.com
Law of Torts (Entrance Exams)
  क्या इस प्रश्न या उत्तर में कोई त्रुटि है?
2018-2019 (May) Set 1

संबंधित प्रश्न

"No action lies against the Government for injury done to an individual in the course of exercise of its sovereign functions". All of the following actions are covered by the above provision, except 


The law relating to prisoners of war has been codified by


Which of the following could not constitute battery if done with the requisite intent?


Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:

  1. Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
  2. The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
  3. A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
  4. The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.

Factual Situation: During 2011, a European Directive was issued requiring nations of the European Community to establish standards on the presence of Perchloroethene (PCE) in water, which the Kingsland did in 2013. Alfa Water Co. purchased a borehole in 2007 to extract water to supply to the public in Kingsland. In 2014, it tested the water to ensure that it met minimum standards for human consumption and discovered that it was contaminated with an organochlorine solvent (PCE). On investigation, it emerged that the solvent seeped into the soil through the building floor of the Light & Soft Leather Tannery, about 3 miles from the borehole that eventually contaminated the Alfa's borehole. Since the tannery opened in 191 O, until 2007, the solvent it used had been delivered in 40-gallon drums which were transported by forklift truck and then tipped into a sump. Since 2007, solvents had been delivered in bulk and stored in tanks. It was then piped to the tanning machinery. There was no evidence of any spills from the tanks or pipes, and it was concluded that the water had been contaminated by frequent spills under the earlier system. Alfa Water brought a claim against the Tannery on the grounds of nuisance.
Whether the Tannery owners are liable?


LEGAL PRINCIPLE 'Free consent' defined as - Consent is said to free when it is not caused by

I. coercion as defined in Section 15
II. under influence, as defined in Section 16
III. fraud, as defined in Section 17, or
Iv. misrepresentation, as defined in Section 18
v. mistake, subject to the provisions of Sections 20, 21 and 22 Consent is said to be so caused when it would not have been given but for the existence of such coercion, under the influence, fraud, misrepresentation or mistake. 'Fraud' is defined in which Section?


Principle: Negligence is the breach of a duty caused by an omission to do something which a reasonable person would do or an act which a prudent and reasonable person would not do. An action for negligence proceeds upon the principle that the person has an obligation or duty on the part of the defendant, which he/she breaches, leading to damage.

A, a surgeon operated on B. Subsequent to the operation, B complained of pain in his abdomen. On examination, it was discovered that A had left a mop in B ' s stomach while Operating.


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.

Principle: In a civil action for defamation, the truth of the defamatory matter is an absolute defense. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.

Facts: 'D' who was the editor of a local weekly, published a series of articles mentioning that 'P', who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a 'mischief monger'. 'P' brought a civil action against 'D', who could not prove the facts published by him.
Under the circumstances, which of the following derivations is correct?


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 master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment. 

Factual Situation: A had an agency that used to lend carpenters to people on need basis. A deputed B to do some repair work in C's shed. While so doing, B lit up a  cigarette and threw it as soon as he saw someone coming there. The cigarette remaining lit caused a fire and she was reduced to ashes. C sued A and B. Decide. DECISION: 


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. 

Principle: An employer is responsible for any accident loss caused to his employees, during the course of employment.

Factual Situation: Ravi Menon runs the "African Circus'.  The circus has a ' night show. Two motorcyclists Rohit and Mohit rotate their motorcycles inside a big iron globe in complete darkness. And the audience, especially the children give a big clap. One day, it so happens that during the one-night show, an accident occurs inside the globe. Rohit and Mohit collide with each other and Rohit loses both his legs. His parents claim compensation from Ravi Menon, the proprietor of the circus. DECISION


Apply the legal principles to the facts given below and select the most appropriate answer:

Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.

Facts: 
Raja is a travel agent and possessed certain houses, which had an internal communication throughout, and which were used for the purposes of his business. Ramesh looked after the houses and lived in them for this purpose, but he was also a clerk in the Raja’s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a "servant”or person occupying the premises “for the protection thereof. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×