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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Civil Law for Judiciary Exams  >  Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Judiciary Exams MCQ

Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Judiciary Exams MCQ


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15 Questions MCQ Test Civil Law for Judiciary Exams - Test: Concept of Vicarious Liability and The Doctrine of Common Employment

Test: Concept of Vicarious Liability and The Doctrine of Common Employment for Judiciary Exams 2024 is part of Civil Law for Judiciary Exams preparation. The Test: Concept of Vicarious Liability and The Doctrine of Common Employment questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Concept of Vicarious Liability and The Doctrine of Common Employment MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Concept of Vicarious Liability and The Doctrine of Common Employment below.
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Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 1
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What legal concept holds one person accountable for the wrongful actions of another, deviating from the general principle of individual liability?

Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 1
Vicarious liability is a legal concept that departs from the general rule of individual liability, holding one person responsible for the wrongful actions of another. This doctrine is based on the idea that 'he who does an act through another is deemed in law to do it himself.' It is crucial in scenarios where a specific relationship exists between parties, and one is held accountable for the actions of the other within the scope of their duties.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 2
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In what scenario would an employer typically not be vicariously liable for an employee's actions outside the scope of employment?

Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 2
When an employee acts outside the scope of employment, the master or employer is typically not vicariously liable unless the master intended the action, was negligent, or the servant acted on behalf of the master. This principle helps clarify the boundaries of employer liability in various situations.
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Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 3
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What legal concept determines an employer's vicarious liability in a case where an employee negligently repairs a vehicle?

Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 3
Vicarious liability often applies under the legal doctrine of respondeat superior, where an employer can be held responsible for the actions of an employee carried out within the scope of employment. This principle aims to ensure accountability and protection for those affected by the actions of employees in the course of their work.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 4
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Which case exemplifies a situation where an employer was not held liable for an accident caused by an individual driving a vehicle without implicit authorization?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 4
The case of Sitaram Motilal Kalal vs. Santanuprasad Jaishankar Bhatt, 1966, illustrates a scenario where the owner of a vehicle was not held liable for an accident caused by an individual driving the vehicle without implicit authorization. This case highlights the importance of authorization and responsibility in determining liability in accidents involving unauthorized vehicle use.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 5
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What was the initial purpose of the doctrine of common employment as it originated in English law?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 5
The doctrine of common employment originally aimed to restrict an employer's liability to injuries caused to one employee by the negligence of another employee. This doctrine was put in place to define the scope of employer responsibility in cases of workplace injuries, especially involving actions of one employee affecting another.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 6
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What significant legislation aimed to restrict the defense of common employment in England due to concerns for employee safety and welfare?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 6
The Law Reform (Personal Injuries) Act of 1948 was a crucial piece of legislation in England that aimed to restrict the defense of common employment. This legal reform was motivated by concerns for employee safety and welfare, leading to changes in employer liability standards and provisions for compensation in case of workplace injuries.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 7
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What was the initial purpose of the doctrine of common employment?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 7
The doctrine of common employment was initially intended to limit a master's liability to actions of servants during employment. This doctrine later extended to cover any injury resulting from ordinary job risks. It was first applied in the case of Priestley vs. Fowler in 1837, where a master was not held liable for a butcher boy's injury caused by a fellow servant's negligence.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 8
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What was a key argument in favor of the doctrine of common employment?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 8
One of the arguments in favor of the doctrine of common employment was that employees willingly accept potential risks by joining the workforce. This argument suggested that by choosing to work, employees acknowledge and assume the risks associated with their job duties.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 9
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Which judicial decision emphasized the requirements for employers to ensure a safe working environment?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 9
The judicial decision in Wilsons & Clyde Coal Co. vs. English emphasized that employers must ensure a competent staff of men, a proper and safe working environment with suitable tools, and an effective work system with supervision. This decision highlighted the importance of maintaining a safe workplace for employees.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 10
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When was the defense of common employment ultimately abolished?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 10
The defense of common employment was abolished by the Law Reform (Personal Injuries) Act in 1948. This act marked the end of the doctrine that exempted employers from liability for injuries caused by the negligence of one employee towards another in the same workplace.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 11
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What was the primary objective of The Employer’s Liability Act of 1938 in India?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 11
The primary objective of The Employer’s Liability Act of 1938 in India was to cover the tortious liability of employers that were not specifically addressed in other laws. This legislation aimed to provide clarity and legal recourse in cases of employer negligence, thereby enhancing legal protection for workers and addressing gaps in existing laws.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 12
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What historical event influenced the application of the doctrine of common employment during the British rule in India?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 12
During the British rule in India, the application of the doctrine of common employment was influenced by English legal principles, leading to the enactment of The Employer’s Liability Act of 1938 in response to uncertainties surrounding this doctrine. This act aimed to address and eliminate certain defenses related to worker injuries, marking a significant legislative action in the realm of employer liability.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 13
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How were ambiguities within The Employer’s Liability Act of 1938 initially addressed in India?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 13
Initially, ambiguities within The Employer’s Liability Act of 1938 in India led to legal uncertainties. However, these issues were gradually resolved through subsequent amendments to the legislation, which aimed to refine and clarify the legal framework surrounding employer liability and worker protections.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 14
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What is the primary rationale behind entrusting the determination of the application of vicarious liability to the courts rather than the parliament?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 14
The primary reason for entrusting the determination of the application of vicarious liability to the courts instead of the parliament is to enable a more judicious approach in discerning the intention behind the wrongful act. This approach ensures that legal decisions are made with thorough rationality and reliance on strong evidence, which is crucial in cases involving vicarious liability.
Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 15
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Why is the concept of vicarious liability not limited to civil law alone but extends to criminal law as well?
Detailed Solution for Test: Concept of Vicarious Liability and The Doctrine of Common Employment - Question 15
The extension of vicarious liability from civil law to criminal law serves to safeguard the interests of both the injured party and the wrongdoer. By holding both the principal and subordinate liable for wrongful acts in certain situations, this principle aims to balance accountability and protect the rights of all parties involved in legal matters.
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