मराठी

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 - Mathematics

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. 

पर्याय

  • 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 

MCQ
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.   

shaalaa.com
Law of Torts (Entrance Exams)
  या प्रश्नात किंवा उत्तरात काही त्रुटी आहे का?
2018-2019 (May) Set 1

संबंधित प्रश्‍न

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

Principle: An offer made by one party when accepted by another makes it a contract.

Transactions:
1. P offered to sell his house for Rs. 20 lakhs to R; R told P that he was interested to buy a house for 15 lakhs only.
2. C was looking for a house for not more than 25 lakhs; P informed C that his house was available for 20 lakhs.
3. K wanted to buy some old furniture; L told K that he would sell his furniture for Rs. 10, 000.
4. R advertised to sell his old car for a price of Rs. Three lakhs; S found the advertisement and offered to buy it for Rs. 2 lakhs 50 thousand; R agrees to sell it to S.

Which among the above is actually a contract?


Legal Principle: When there is an infringement of the legal right of a person, he gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.

Fact Situation: Saroj is prevented from voting at an election. The candidate she intended to vote for, wins the election.

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


Legal Principle: A product cannot be sold in shops to consumers after its date of expiry.

Fact Situation: Lata, while shopping, notices that the milk packets on the shelves are due for expiry on that day. She objects to this to the shopkeeper, saying that since she was there to buy milk for the next day, keeping the milk on its date of expiry was against the law.

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


Legal Principle: One of the principles of ‘Natural Justice’ states that, “No person shall be a judge in his own cause”.

Facts: A, a driver of B, a Branch Manager of ABC Bank was caught, suspecting theft, in the bank premises. The Bank management instituted an enquiry and made B the enquiry officer.

Which of the following statements is correct?


The law relating to prisoners of war has been codified by


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 unlawful interference with a person's use or enjoyment of land or some right over, or in connection with it, is a nuisance in law of tort.

Facts: During the scarcity of onions, long queues were made outside the defendant's shop who has a license to sell fruits and vegetables used to sell only 1 kg of onion per ration card. The queues extended on to the highway and also caused some obstruction to the neighboring shops. The neighboring shopkeepers filed a suit for nuisance against the defendant.
Which one of the following decisions will be correct in this suit?


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 Principles:

Defamation means publication of a false and derogatory statement about another person without lawful justification.

Factual situation: A writes a defamatory letter to B containing defamatory remarks in reference of B in Urdu language. A is aware that B does not know Urdu. B goes C who knows Urdu and the letter is read over by C to him. B sues A for defamation. 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.

Legal Principles: A private nuisance may consist of:

1. Any interference with a person’s use or enjoyment of land.

2. The act of wrongfully causing or allowing the escape of deleterious things into another person’s land e.g. water, smoke, smell etc.

Factual situation: D erected a brick grinding machine adjoining the premises of P, a medical practitioner. The dust from the machine polluted the atmosphere and caused inconvenience to P and his patients. Here 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: Whoever, unlawfully or negligently does any act which is, and which he knows or has reason to believe to he, likely to spread the infection of any disease dangerous to life, shall be guilty of a negligent act likely to spread infection of disease dangerous to life.

Facts: 'K', a person, knowing that he is suffering from Cholera, travels by a train without informing the railway officers of his condition.


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: The owner of immovable property is entitled to the column of airspace above the surface. However, the owner's right to air and space above his land is restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures on it.

Factual Situation: Galaxy Cable TV Network Company is providing cable connections to their customers. One of the cables passes over the house of Mr. Vasanth Bhat., He is not a customer of the Network Company. The cable is neither attached to his house nor to any projection thereof.  
It is at a distance of 20 ft above the terrace of Mr. Bhat's two-storied house. Because of the cable, Mr. Bhat's son Sachin is unable to fly a kite from the terrace. Mr. Bhat requested the Network Company to change the position of the cable.  But the company did not bother to change it. One evening,  Mr. Bhat out the cable and cleared the airspace above his house. The Network Company suffered a loss of about   1000.  They bring legal action against Mr. Bhat for recovery of loss suffered. DECISION


Share
Notifications

Englishहिंदीमराठी


      Forgot password?
Use app×