मराठी

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.

पर्याय

  • 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)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2018-2019 (May) Set 1

संबंधित प्रश्‍न

Principle: Killing is not murder if the offender, whilst deprived of the power of self­control by intense and sudden provocation, causes the death of the person who gave the provocation.

Facts: 'A', a man found his girlfriend sleeping, in her own bedroom, with another man named 'B'. 'A' did not do anything but went to his home, picked a gun and cartridges, returned to the girl friend's bedroom with a loaded gun but found the place empty. After fifteen days he saw his girlfriend dining in a restaurant. Without waiting for even a second, 'A' fired five bullets at his girlfriend who died on the spot.


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.


Principle: Import means bringing some consignment into India from a foreign country.

Facts: A consignment from Sri Lanka entered the territorial waters of India. However, this consignment never crossed the Indian custom barrier nor did it enter into the stream of commerce in India.


The principle is to be applied to the given facts and to choose the most appropriate option:

Principle:  According to law, a person who finds goods belonging to another and takes them into his custody, is subject to the same responsibility as a bailee. Bailee is a person or party to whom goods are delivered for a purpose, such as custody or repair, without transfer of ownership. The finder of the goods legally can sell the goods found by him under certain circumstances including the situation that the owner refuses to pay the lawful charges of the finder.

Facts: P, a college student, while coming out of a Cricket stadium found a necklace, studded with apparently precious diamonds. P kept it for two days thinking that the owner would notify it in a local newspaper. Since he did not notice any such notification, P published a small classified advertisement in a local newspaper. In two days’ time, P was contacted by a film actor claiming that it was her Necklace and requested P to return it to her. P told her that she should compensate him for the advertisement charges then only he would return it otherwise he will sell it and make good his expenses. The film star told P that she had advertised in a national newspaper about her lost Necklace which was lost somewhere in the Cricket Stadium. The advertisement was published for three consecutive days incurring a large expenditure for her. Mentioning all this she refuses to pay P and claims the Necklace back. Which among the following is the most appropriate answer to this?


Legal Principle: Nuisance is the unlawful interference with a person’s enjoyment of his land or some rights over or in connection with it.

Fact Situation: Ashok, in his nineties, is hard of hearing and plays the radio very loudly throughout the day and on a daily basis. Raju, his neighbor, complained that he cannot listen to his favorite TV show in his home due to the radio of Ashok.

Which of the following statements is the most appropriate in relation to the legal principle stated above?


What main element differentiates the crime of battery from the tort of battery?


A loud bass beat that can be heard through an apartment wall (from another apartment) at midnight can be classified as


Negligence involves:


PRINCIPLES

I. A master is liable for the wrongful acts of his servant.
II. A person can be called a servant only if there is a relation of employment and he acts under the order and on behalf of his master.

FACTS

X bank launched a saving scheme for poor sections of the society and the customer can deposit ₹10 per day. Y, an unemployed youth, collected money from several customers, and on behalf of them deposited the money at the bank every day. The bank gave to Y a small commission. After some time, Y disappeared without depositing the money given by the customers. The customers bring a suit alleging that the bank is liable. Decide 


LEGAL PRINCIPLE A person, who lawfully brings on something but which though harmless, but mischief if it escapes, must keep it at his and if he does not, he is answerable for all the damage.

FACTUAL SITUATION 'A' was the owner of a mill. In order to supply it with water, he constructed a reservoir upon nearby land by employing engineers and contractors. 'B' was the owner of coal mines, under lands, close to but not adjoining the premises on which the reservoir was constructed. The contractors, while excavating for the bed of the reservoir, came upon abandoned shafts and filled them with soil not suspecting that they were abandoned mine shafts. The reservoir was completed and partly filled. Within days the bed of the reservoir gave way and burst, leading to the flow of water through the channels connected with B's mine. Is 'A' liable to pay damages for loss caused to 'B'?


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×