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Principle: a Master is Liable to Third Persons for Every Such Wrong of His Servant as Committed in the Course of Service. - Legal Reasoning

MCQ

Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorised the act.

A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.

Options

  • D will succeed since C was employed by A

  • D will not succeed since A had not authorized C to drive the bus

  • D will not succeed since A had not authorized C to drive the bus

  • D will succeed since turning the bus was in the course of employment

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Solution

D will not succeed since A had not authorized C to drive the bus

Explanation:

A only authorized the conductor for cleaning the bus or for issuing ticket and never authorized him to drive the bus. So when conductor caused the accident and he is liable. Therefore "D will not succeed since A had not authorized C to drive the bus" is the correct option.

Concept: Law of Torts (Entrance Exams)
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