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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.
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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.
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संबंधित प्रश्न
Principle: Damages the money recompense, as far as money can do, for the loss suffered by a person.
Facts: A, an Indian citizen, have a right to vote, was not allowed to cast his vote on the polling booth, by the returning officer. The name of A was mentioned in the voter‘s list. A has also reported at the polling booth in time. However, the candidate in whose favor A would have cast his vote won the election. A filed a suit claiming damages.
Principle: The existence of all the alleged facts is relevant whether they occurred at the same time and place or at different times and places.
Facts: A, a citizen of England, is accused of committing the murder of B in India by taking part in a conspiracy hatched in England.
Principle: Civil Suit can be filed where the defendant resides or carries on business or where the cause of action arises.
Facts: 'A‘ carries on business in Gurgaon, 'B‘ carries on Business in Mumbai. 'B‘ through his agent in Gurgaon purchases goods in Gurgaon and takes delivery through an agent in Gurgaon. Where Civil Suit for payment of price can be filed by 'A‘?
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- Rs. 25 crore
- Three times the amount of profits made out of such practices, .....
The correct answer is :
Apply the legal principles to the facts given below and select the most appropriate answer.
Legal Principles:
- Private nuisance is a continuous, unlawful and indirect interference with the use or enjoyment of land, or of some right over or in connection with it.
- The person who for his own purposes brings on his lands and collects and keeps there anything likely to do mischief if it escapes must keep it at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.
- A person is liable if he can reasonably foresee that his acts would likely to injure his neighbour.
- The foreseeability of the type of damage is a pre-requisite of liability in actions of nuisance.
Factual Situation: M G Ltd. was constructing Crystal Heights, a posh state-of-the-art tower for commercial and residential purposes, in Gurugram. During construction, hundreds of claimants alleged that, in addition to dust and noise caused by the erection of the building, their television signals had been interrupted by the tower. The claimants, some of whom were absolute owners, and many others who were renting, sued in both negligences and in nuisance for the harm done to their amenity by the loss of their television signals. Whether the respondent's action in causing the appellant's television signals to be interrupted with the construction of their tower could constitute a private nuisance?
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.
Select the statement that could be said to be most direct inference from specified facts:
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.
Legal Principles: In a suit for malicious prosecution, the plaintiff must prove the following essentials:
1. That he was prosecuted by the defendant.
2. That the proceeding complained was terminated in favour of the present plaintiff.
3. That the prosecution was instituted against him without any just or reasonable cause.
4. That the prosecution was instituted with a malicious intention, that is, not with the mere intention of getting the law into effect, but with an intention, which was wrongful in fact.
5. That he suffered damage to his reputation or to the safety of person, or to the security of his property.
Factual situation: A recovered a large sum of money from Railway Co. for personal injuries. Subsequently, Railway Co. came to know that injuries were not real and were created by doctor B. Railway Co, prosecuted B for playing fraud on the company, but B was acquitted. B sued Railway Co. for malicious prosecution. In the light of these facts which of the following statements is true? 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: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.
Facts: D' is a driver employed by 'M', who is the owner of a company. During lunchtime, 'D' goes to a closeby tea shop to have a cup of tea. There he ('D') picks up a fight with the tea shop owner ('T'), which resulted in some damage to his shop. 'T' wants to sue' for claiming compensation for the damage caused by the fight. Which of the following derivations is correct?
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:
1. An unlawful intrusion that interferes with one's person or property constitutes trespass.
2. An easement is the right to use another person's land for a stated purpose and has been in use for quite some time. It can involve a general or specific portion of the property.
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