Advertisements
Advertisements
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.
विकल्प
Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant.
Ramesh would not be liable as car was not owned by him.
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver
Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.
Advertisements
उत्तर
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver
Explanation:
Where a servant having a lawful authority to do some act on behalf of his master an erroneous and excessive force that causes authority causing loss to the plaintiff, the master will be liable for the act. In this reasonable conclusion drawn Ramesh would be held liable as he exercised the control by giving directions to the driver.
APPEARS IN
संबंधित प्रश्न
Legal Principle: It is an offense to obstruct a public servant in the due discharge of his duty. The right of private defense is available to protect one’s person and property.
Fact Situation: Sidhu comes to the rescue of his uncle who is sought to be taken into a car by some men. In the process, he causes injury to some of them. Later, it turns out that the men were police persons in plain clothes trying to enforce a warrant against his uncle.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Within the jurisdiction of which High Court does Lakshadweep fall
Which of the following is not a reason for the general lack of liability for omissions in English law?
PRINCIPLE Where a dangerous article escapes, the owner shall be strictly liable for the harm which comes without being at fault.
FACTS Bhopal Gas Co. was in the business of manufacturing chemicals that produced a large amount of toxic residue. As per procedure, they used to store the waste in insulated boxes and hand it over to the collecting van of the municipal corporation once a week. After one such collection, the van driver drove negligently resulting in the escape and spilling of the contents of one of the waste barrels. Is Bhopal Gas Co. liable?
Which follow from the application of the undermentioned legal principle:
Legal Principle: The occupier of premises owes a duty of care to all his invitees and visitors.
Factual Situation:
Devi who was the owner of a big home with a compound wall, constructed an underground tank to store water. This was covered by jute bags since the work was incomplete. The postman who came inside to deliver registered letter fell into this tank and hurt himself. There was also a box on the outside of the compound wall, where all the mail could be deposited. The injured man filed a suit against Devi claiming compensation.
Principle: Interfering with another's goods in such a way as to deny the latter's title to the goods amounts to conversion and it is a civil wrong.
Facts: Ram went to the bicycle stand to a park his bicycle and he found the stand fully occupied. Ram removed a few bicycles in order to rearrange the stand and make some space for his bicycle. He parked his bicycle properly and put back all the bicycles except the one belonging to Shyam. It was rather negligent on the part of Ram and he was in fact in a hurry to get into his office. Somebody came on the way and took away Shyam's cycle. The watchman of the stand did not take care of it assuming that the cycle was not parked inside the stand. Shyam filed a suit against Ram for conversion.
Principle: A person who commits an unlawful act towards another which can be imputed to him, must repair the damage which the other person suffers as a consequence thereof.
Facts: Mr. Rajender Singh was riding his scooter on the right side of the road which is illegal as per the Traffic Rules. Mr. Rajesh Chawla was driving his car in the opposite direction. The two vehicles collided and resulted in loss of Rs. 50,000/- to Mr. Rajender Singh. This includes his medical expenses and damage to the scooter. In this accident, there is no fault on the part of Mr. Rajesh Chawla.
Define vicarious liability.
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 visitors.
Factual situation: Lalit was running a dairy from his house. People used a dart of his farm as a shortcut to get to a nearby railway station. Lalit who did not approve of this, put up a notice that “Trespassers will be prosecuted”. However, since a number of these people were also his customers he tolerated them. One day a person who was using this short cut was attacked by a bull belonging to the farm. The injured person filed a suit against him. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defense to action in negligence.
Facts:
A team of scientists imported a virus for the purpose of research. They carried out research on their premises into foot and mouth disease in cattle, and they were apparently responsible for the escape of some virus. As a result, there was an outbreak of foot and mouth disease in the area, and the Minister of Agriculture ordered two markets to be closed. This caused some of the traders, who were two firms of auctioneers, to suffer a loss of profits on a total of six market days, from which they sought to recover. Decide whether the scientists owed a duty of care towards the traders?
