Advertisements
Advertisements
प्रश्न
Principle: Employer is liable for the injury caused to the employee in the course of his employment.
Facts: X organized a party and hired a caterer. During the party, the generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.
विकल्प
X is liable as Y was working in the course of employment offered by X
X is not liable as Y is not his employee
X is liable because party was organized by him
A caterer is liable as Y is his employee
Advertisements
उत्तर
X is liable as Y was working in the course of employment offered by X
Explanation:
X is liable as Y was working in the course of employment offered by X. In this case, the liability falls on X because for that time period Y was his employee as he had promised Y Rs.1000/- for the job of calling a mechanic using his own (X’s) vehicle.
APPEARS IN
संबंधित प्रश्न
Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
The principle is to be applied to the given facts and to choose the most appropriate option:
Principle: When a person interferes with peaceful possession of another person without the permission of the person in possession of those premises, commits trespass to land.
Facts: 'T' just walked over the land of 'P' to reach his house as it was a short cut. 'P' had displayed a notice that it is not a thoroughfare. 'P' did not cause any damage to the land.
Which Parliamentary Committee is described as ‘Watch-dog’ and guardian of the people against official negligence of corruption?
Who heads the four members Committee appointed to study the Centre-State relations especially the changes took place since Sarkaria Commission
If a person is enjoying the benefits of a lawful no gratuitous act of another, then he/she:
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 Mere delegation does not transfer authority unless there is an actual transference of the power to control the actions of the servant.
FACTS The Delhi Metro Rail Corporation set-up a link transport service permitting passengers to use buses to the end destinations. These buses and drivers were provided on contract to the Metro Corporation by the Delhi Bus Company and the drivers were trained, supervised and instructed into the routes and manner of driving by employees of the corporation. When a passenger X, had boarded one such bus and was involved in an accident on account of the bus driver; he wants to know against whom should he file the suit under the principle of vicarious liability.
The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts:
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
(a) Syndicate Bank shall be liable to compensate Rama Bhai.
(b) Syndicate Bank shall not be liable to compensate Rama Bhai.
(c) Rama Bhai cannot blame others for her negligence.
Possible Reasons
(i) Keshav was not an employee of the Bank when the fraud" was committed.
(ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshay.
(iii) It is the Bank's duty to take care of vulnerable customers.
(iv) Rama Bhai should have checked about Keshav in her own interest. Your decision with the reason
Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.
A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.
Principle: Injuria Sine Damnum i.e. Injury (violation of legal right) without damage
Facts: X, who was the returning officer at a polling booth in Amethi, wrongly refused to register a duly tendered vote of Y in the recent UP elections, even though Y was an eligible voter. The candidate in whose favour Y wanted to vote, was declared elected. Give the appropriate answer-
