Advertisements
Advertisements
प्रश्न
Principles: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master. · In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.
Facts: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'.
पर्याय
'M' could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment.
'M' could be made liable for the act of 'C', as his (C's) act of driving the vehicle was within his scope of employment.
'M' could be made liable for the act of 'C', as 'C' was employed under a contract of service.
'M' is not liable as he was not present at the time of accident.
Advertisements
उत्तर
'M' could not be made liable for the act of 'C', as his (C's) act of driving the vehicle was not in the course of his employment.
Explanation:
The reasonable conclusion drawn is that M's liability arises only when the wrongdoer is his servant and the servant while doing the wrongful act is in the course of the employment. In the Present reasonable conclusion is M could not be made liable for the act of C, as C's act of driving the vehicle was not in the course of the employment.
APPEARS IN
संबंधित प्रश्न
Mark the best option:
Facts: Manohar and Dev are childhood friends. One day while ploughing the field they have an argument and end up in blows. Satish, another farmer, has to intervene and separate them. Manohar swears that he will take revenge. In the evening Satishtells Dev that Manohar wants to reach a settlement and asks him to wait near the Mukhiya’s farmland behind the rose bush. Dev sits behind the bush and waits. Meanwhile, Satish goes to Manohar and tells him that wild animals have attacked theMukhiya’s farmland and asks Manohar to bring his shotgun to scare the animals away. On reaching the farm, Satish shouts out loudly that he has spotted a leopard behind the rose bush and asks Manohar to fire at the bush. Manohar fires two rounds. The bullet hits and kills Dev.
Principle: Whoever causes death by doing an act with the intention of causing death or bodily injury as is likely to cause death or with the knowledge that he is likely by such act to cause death commits the offence of culpable homicide.
Directions: Read the statement and on the basis of that, choose the most appropriate course of action(s) given below the statement.
Statement: Most of those who study in premier Medical colleges in India migrate to developed nations for better prospects in their professional pursuits.
Courses of Action:
I. All the students joining these colleges should be asked to sign a bond at the time of admission to the effect that they will remain in India at least for ten years after they complete their medical education.
II. All those students who desire to settle in the developed nations should be asked to pay the entire cost of their education which the government subsidised.
Legal Principle: ‘ Audi alteram partem’ is a Latin phrase which means ‘hear the other side’. It is the principle that no person should be judged without a fair hearing.
Fact Situation: Sanjay, in Delhi, is accused of theft and brought before the Court. The magistrate discovers that Sanjay is mute.
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?
Mark the best option:
Principles: In case, where the government is a party, the government shall be the first owner of the copyright in the work unless there is an agreement to the contrary.
Facts: The Government of the State of X entered into an agreement with a retired Professor of Botany. Resultantly he wrote the book.
PRINCIPLE A principal is liable for such acts as committed in the course of an agency but is not liable for such acts as committed outside the course of the agency.
FACTS ABC, a partnership between A, B and C maintained a bank account with XYZ. As per the standing arrangement with the bank, signatures of at least two partners were required for the withdrawal of the money from the partnership account. B forged the signatures of A, which were exactly alike and withdrew a large amount of money and disappeared. In a suit brought by A and C
Rules:
A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.
Facts:
Messers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadrs’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not pays the pattadars on the basis of the number of bids that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Aashish Mathew has applied for compensation from the Company.
Which of the following statements can most plausibly be inferred from the application of the rules to the give facts:
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.
LEGAL PRINCIPLE:
1. Medical professionals are not immune from liability in tort on the ground of negligence.
2. Services rendered to a patient by a doctor (except when given free of charge) by way of consultation, diagnosis and treatment fall in the definition of "service" under the Consumer Protection Act, in case of negligence, the doctors are liable in tort as well as under the Consumer Protection Act.
FACTUAL SITUATION: A was the only child of his parents. Once he had a high fever and his parents called a doctor at home. This doctor used to work at a respectable hospital in Delhi. The doctor administered certain medicines and asked the nurse to stay with him for the night and administer to him a chloroquine injection. This injection was generally not suitable for young children. The nurse, without a prior test, followed instructions of the doctor and gave the injection. As a result of an allergic reaction, the child died. The parents sued the nurse and the doctor. DECISION:
Define vicarious liability.
