Advertisements
Advertisements
Question
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'.
Options
'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
Solution
'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
RELATED QUESTIONS
Result of successful prosecution is
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.
What are the remedies provided by the Human Rights Act 1998 are intended to regulate the activities of whom...
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?
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. When a person unlawfully interferes in the chattel of another person by which the latter is deprived of its use, the former commits the tort of conversion.
2. Nobody shall enrich himself at other's expense,
Facts:
A patient suffering from stomach ailment approached. a teaching hospital. He was diagnosed as suffering from appendicitis and his appendix was removed. He became alright. The hospital however found some unique cells in the appendix and using the cell lines thereof, it developed drugs of enormous commercial value. When the erstwhile patient came to know about it, he claimed a share in the profit made by the hospital.
Possible Decisions
(a) The hospital need not share its profits with the patient.
(b) The hospital may share its profits on ex gratis basis. (c) The hospital shall share its profits with the patient.
Possible Reasons
(i) The patient, far from being deprived of the use of his appendix, actually benefitted by its removal.
(ii) The hospital instead of throwing away the appendix conducted further research on it on its own and the development of the drug was the result of its own effort.
(iii) The hospital could not have achieved its success without that appendix belonging to the patient.
(iv) Everybody must care for and share with others. Your decision with the reason.
Which follow from the application of the undermentioned legal principle:
Legal Principle: Even if the sovereign functions of the State are discharged negligently the State is not vicariously liable in tort.
Factual Situation:
A’ was a trader in gold. There he was arrested by Police and was detained in the police lock-up after search. The gold with him along with sundry other things was seized. Later he was discharged. His possessions seized by the police were returned, except the gold. HE moved against the State in tort. In the words of the Supreme Court, “There can be no escape from the conclusion that the Police Officers were negligent in dealing with the property after it was seized.” One of the Constables was a Muslim. He fled with gold to Pakistan.
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.
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: Everybody is under a legal obligation to take reasonable care to avoid act or omission which he can foresee would injure his neighbor, the neighbour for this purpose is any person whom he should have in his mind as likely to be affected by his act.
Factual situation: Krish, while driving a car at a high speed in a crowded road, knocked down a cyclist. The cyclist died on the spot with a lot of blood spilling around, Lekha, a pregnant woman passing by, suffered from a nervous shock, leading’ to abortion. Lekha filed a suit against Krishnan claiming damages. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is defence to action in negligence.
Facts:
In a sad incident, 95 fans of a Football club died in a stampede in the Nehru Stadium. The court has decided that the accident was caused due to the negligence of the Police in permitting too many supporters to crowd in one part of the stadium. Now, a suit is filed by Harman and several other people against the Commissioner of State Police. Harman and the other claimants had relatives who were caught up in the Nehru Stadium disaster. The disaster was broadcast on live television, where several claimants alleged, they had witnessed friends and relatives die. Others were present in the stadium or had heard about the events in other ways. All claimed damages for the psychiatric harm they suffered as a result. Determine whether, for the purposes of establishing liability in negligence, those who suffer purely psychiatric harm from witnessing an event at which they are not physically present are sufficiently proximate for a duty to be owed, and thus can be said to be reasonably within the contemplation of the tortfeasor?
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk.
2. The test of liability requires that the harm must be a reasonably foreseeable result of the defendant’s conduct, a relationship of proximity must exist and it must be fair, just and reasonable to impose liability.
3. Volenti non-fit injuria is a defence to action in negligence.
Facts:
X purchased a disused cinema with the intention of turning it into a Multiplex. Six weeks after, X entered the building for the first time, it was set on fire by intruders and destroyed. As a result, the adjacent buildings were also affected and damaged. The cinema building was a target for vandals and children who often played there, but X had had no knowledge of previous attempts to start a fire at the cinema buildings. The owners of the adjacent buildings brought an action for negligence against X on grounds that X failed to take reasonable care for the safety of the buildings by not keeping the cinema locked, making regular inspections and employing a caretaker. Decide whether the occupier of a property owes a duty of care to the adjoining occupiers in respect of acts of trespass on his property resulting in damage to the adjoining properties?
