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
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: Whoever takes away any moveable thing from the land of any person without that person‘s consent is said to commit theft.
Facts: During his visit to the home of C, A asks B, the son of C, to accompany A to a forest. Neither A nor B informs C in this regard. B accompanies A to the forest.
The principle is to be applied to the given facts and to choose the most appropriate option
Principle: A person is said to do a thing fraudulently, if he does that thing with intent to defraud, but not otherwise.
Facts: 'A' occasionally hands over his ATM card to 'B' to withdraw money for 'A'. On one occasion 'B' without the knowledge of 'A', uses 'A's ATM card to find out the balance in 'A's account, but does not withdraw any money.
Legal Principle: An employer is liable for the act of his servant performed during the course of employment.
Fact Situation: While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma’s car without his knowledge or permission. While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Mark the best option:
Principles:
- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation.
- A threat to injure the reputation of any deceased person in whom the person threatened is interesting, is covered within the above provision.
Facts: Monty is a tenant in the Sharmas' house, living on the top floor while the Sharmas occupy the ground floor. However, he is always irregular in paying the rent. The Sharmas' are tired of asking him to pay on time and his manners have deteriorated over time. What started as mere excuses snowballed into name-calling, until one day, Monty threatened to come with his friends and vandalize the Sharmas' house, if they complained or took action against him.
Will Monty be guilty of criminal intimidation?
Mark the best option:
Principles:
- Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threats, commits criminal intimidation.
- A threat to injure the reputation of any deceased person in whom the person threatened is interesting, is covered within the above provision.
Facts: Monty is a tenant in the Sharmas' house, living on the top floor while the Sharmas occupy the ground floor. However, he is always irregular in paying the rent. The Sharmas' are tired of asking him to pay on time and his manners have deteriorated over time. What started as mere excuses snowballed into name-calling, until one day, Monty threatened to come with his friends and vandalize the Sharmas' house, if they complained or took action against him.
Post the threat issued by Monty, the Sharmas' called the welfare officer of their residential colony, Budhdeb to discuss the matter with him. Monty threatened Budhdeb saying that he would expose his deceased father's illegal activities and release his personal numbers etc. on the internet to trouble Budhdeb.
Against whom is Monty guilty of criminal intimidation?
Amelia locks Britton in the closet for a few minutes, then lets him out. There is a window in the closet, which is on the fifth floor. Which of the following statements is most accurate?
Defamation involves:
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:
1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a servant/ agent.
2. Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
Factual situation: A patient is brought to a hospital maintained by B. The patient is to be operated upon, As a result of faulty oxygen supply, the patient dies on the operation theatre table, then 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: Negligence is a breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed. A plaintiff can take civil action against the respondent if the respondent's negligence causes the plaintiff injury or loss of property.
Facts: 'D' went to a cafe and ordered and paid for a tin/can of soft drink. The tin was opaque and therefore, the contents could not be seen from outside. She ('D') consumed some of the contents and then lifted the tin to pour the remainder of the content into a tumbler. The remains of a snail in the decomposed state dropped out of the tin into the tumbler. 'D' later complained of stomach pain and her doctor diagnosed her as having gastroenteritis and being in a state of severe shock. She used the manufacturer of the drink for negligence. Applying the afore-stated principle, which of the following derivations is correct as regards the liability of the manufacturer in the given situation?
