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Question
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.
Options
Only I follows
Only II follows
Both I and II follow
Neither I nor II follows
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Solution
Only II follows
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The question contains some basic principles and fact situations in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles:
1. A master shall be liable for the fraudulent acts of his servants committed in the course of employment.
2. Whether an act is committed in the course of employment has to be judged in the context of the case.
3. Both master and third parties must exercise reasonable care in this regard.
Facts:
Rama Bhai was an uneducated widow and she opened a'S.B. account with Syndicate Bank with the help of her nephew by name Keshav who was at that time working as a clerk in the Bank. 'Keshav used to deposit the money of Rama Bhai from time to time' and get the entries done in the passbook. After a year or so, Keshav was dismissed from the service by the Bank. Being unaware of this fact, Rama Bhai continued to hand over her savings to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from, the scene one day and she sought compensation from the Bank.
Possible Decisions
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(c) Rama Bhai cannot blame others for her negligence.
Possible Reasons
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Which follow from the application of the undermentioned legal principle:
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Rules:
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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.
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Facts: 'X' hands over some cash money at his house to 'Y', who is his (X's) neighbour and is also cashier in a bank, to be deposited in A's account in the bank. Instead of depositing the money, 'Y' misappropriates it.
Which of the following statements depicts the correct legal position in this given situation?
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.
Facts:
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