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Judiciary Exams Exam  >  Judiciary Exams Tests  >  Important Acts and Laws for Judiciary Exams  >  Test: Vicarious Liability of State in India - Judiciary Exams MCQ

Test: Vicarious Liability of State in India - Judiciary Exams MCQ


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15 Questions MCQ Test Important Acts and Laws for Judiciary Exams - Test: Vicarious Liability of State in India

Test: Vicarious Liability of State in India for Judiciary Exams 2024 is part of Important Acts and Laws for Judiciary Exams preparation. The Test: Vicarious Liability of State in India questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Test: Vicarious Liability of State in India MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Test: Vicarious Liability of State in India below.
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Test: Vicarious Liability of State in India - Question 1
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What is a key requirement for vicarious liability to be established in a legal context?

Detailed Solution for Test: Vicarious Liability of State in India - Question 1
In the context of vicarious liability, a crucial requirement is the connection between the wrongful act and the established relationship. This means that for an employer to be held vicariously liable for the actions of an employee, there must be a clear link between the wrongful act and the duties or responsibilities associated with the employment relationship. This principle ensures that employers are accountable for actions that occur within the scope of employment, emphasizing the importance of supervision and accountability in a professional setting.
Test: Vicarious Liability of State in India - Question 2
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When considering vicarious liability, what is essential regarding the occurrence of a wrongful act?

Detailed Solution for Test: Vicarious Liability of State in India - Question 2
In the context of vicarious liability, it is crucial that the wrongful act took place within the scope of employment for this legal principle to apply. This requirement ensures that employers can be held accountable for the actions of their employees when those actions are carried out in the course of their job responsibilities. By establishing this link between the wrongful act and the employment relationship, vicarious liability serves to uphold standards of responsibility and oversight within organizational structures, emphasizing the need for employers to monitor and address the conduct of their employees during work-related activities.
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Test: Vicarious Liability of State in India - Question 3
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What legal principle forms the basis for holding the state or government accountable for the actions of its employees while they are performing their official duties?

Detailed Solution for Test: Vicarious Liability of State in India - Question 3
The legal principle of Respondeat superior (let the principal be liable) establishes that the state or government should bear the legal responsibility for the actions of its employees while they are executing their official duties. This principle holds the employer (the state) accountable for the actions of its employees, emphasizing the employer-employee relationship in terms of liability.
Test: Vicarious Liability of State in India - Question 4
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According to the concept "Quifacit per alium facit per se," what idea does it convey when an individual acts on behalf of another?
Detailed Solution for Test: Vicarious Liability of State in India - Question 4
The concept "Quifacit per alium facit per se" suggests that when an individual acts on behalf of another, it is as if the individual himself is personally carrying out the action. This idea implies that the actions of the representative are attributed to the individual being represented as if they were performing the actions themselves, reinforcing a direct link between the representative's actions and the individual's responsibility.
Test: Vicarious Liability of State in India - Question 5
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What legal concept underlies the principle of "The King can do no wrong" in English Common Law?
Detailed Solution for Test: Vicarious Liability of State in India - Question 5
The principle of "The King can do no wrong" in English Common Law is underpinned by the concept of sovereign immunity. This legal doctrine historically shielded the King from liability for the actions of his servants. It was later altered by legislative changes like the Crown Proceedings Act, which made the Crown liable for torts committed by its servants.
Test: Vicarious Liability of State in India - Question 6
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Which historical legal framework influenced the vicarious liability of the state as defined in Article 300(1) of the Indian Constitution?
Detailed Solution for Test: Vicarious Liability of State in India - Question 6
The vicarious liability of the state as defined in Article 300(1) of the Indian Constitution has roots tracing back to historical legal frameworks like the Government of India Acts of the past. These acts have played a significant role in shaping the legal understanding of the state's liability for the actions of its employees in India.
Test: Vicarious Liability of State in India - Question 7
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What legal principle historically shielded the King in English Common Law from liability for the actions of his servants?
Detailed Solution for Test: Vicarious Liability of State in India - Question 7
In English Common Law, the principle of "The King can do no wrong" historically shielded the King from liability for the actions of his servants. This doctrine implied that the King was immune from lawsuits and was not personally liable for the wrongful acts committed by his agents or servants. However, legislative changes like the Crown Proceedings Act altered this stance, making the Crown liable for torts committed by its servants.
Test: Vicarious Liability of State in India - Question 8
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What do sovereign functions of the state typically encompass in legal contexts?
Detailed Solution for Test: Vicarious Liability of State in India - Question 8
Sovereign functions of the state, in legal contexts, typically encompass actions that are immune from judicial review. These functions include activities like national defense, foreign affairs, and territorial governance that fall outside the purview of ordinary civil courts due to their political and sovereign nature. The distinction between sovereign and non-sovereign functions is crucial in determining the accountability and jurisdiction of the state, as highlighted in legal cases such as N. Nagendra Rao v. State of AP.
Test: Vicarious Liability of State in India - Question 9
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What did the judgment in the case of Peninsular & Oriental Steam Navigation Company v Secretary of State emphasize regarding the liability of the Government in tort cases?
Detailed Solution for Test: Vicarious Liability of State in India - Question 9
The judgment in the case of Peninsular & Oriental Steam Navigation Company v Secretary of State emphasized that the Government would not be held liable if actions were taken in the exercise of sovereign functions. This distinction between sovereign and non-sovereign functions is crucial in determining vicarious liability. Sovereign functions, such as those related to hostilities, would not render the Government accountable for the actions of public servants.
Test: Vicarious Liability of State in India - Question 10
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In the case of Secretary of State v. Hari Bhanji, what did the Madras High Court clarify regarding State immunity?
Detailed Solution for Test: Vicarious Liability of State in India - Question 10
The Madras High Court clarified in the case of Secretary of State v. Hari Bhanji that State immunity extends only to acts of the State. This means that actions performed under the sanction of municipal law and with conferred legal powers fall under State immunity. It is important to note that State immunity does not cover all actions but specifically those carried out as acts of the State itself, as defined by law and legal authority.
Test: Vicarious Liability of State in India - Question 11
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According to the Madras High Court, State immunity extends to acts of the State that are performed under what conditions?
Detailed Solution for Test: Vicarious Liability of State in India - Question 11
State immunity, as clarified by the Madras High Court, extends to acts of the State that are performed under the sanction of municipal law and with conferred legal powers. This means that actions carried out by the State under these conditions are shielded by State immunity from liability, highlighting the legal protection provided in such scenarios.
Test: Vicarious Liability of State in India - Question 12
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In the case of Secretary of State v. Cockraft, what was considered a sovereign function, absolving the Government from liability in a negligence case?
Detailed Solution for Test: Vicarious Liability of State in India - Question 12
In the case of Secretary of State v. Cockraft, the responsibility for making or repairing a military road was considered a sovereign function. This classification absolves the Government from liability in a negligence case involving a carriage accident. Sovereign functions, such as those related to military operations, are shielded by State immunity, emphasizing the specific legal contexts in which governmental liability is exempted.
Test: Vicarious Liability of State in India - Question 13
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In the case of State of Rajasthan v. Vidyawati, what was the central issue that the Court had to address?
Detailed Solution for Test: Vicarious Liability of State in India - Question 13
The central issue that the Court had to address in the State of Rajasthan v. Vidyawati case was whether the State could be held liable for the wrongful actions of its employee. The Court determined that the State's liability for the actions of its employee within the scope of employment was similar to that of any other employer. This ruling established a significant precedent regarding vicarious liability in cases involving state entities and their employees.
Test: Vicarious Liability of State in India - Question 14
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What was the key basis for the Supreme Court's decision in the case of Kasturilal v. State of UP?
Detailed Solution for Test: Vicarious Liability of State in India - Question 14
The key basis for the Supreme Court's decision in the case of Kasturilal v. State of UP was the actions being performed under statutory and sovereign powers. The Court ruled in favor of the State of UP, emphasizing that the officers' actions, including the wrongful arrest and mishandling of seized property, fell under sovereign functions granted by law. This ruling highlighted the importance of distinguishing actions carried out under statutory authority when assessing liability in such cases.
Test: Vicarious Liability of State in India - Question 15
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What distinguishes the liability of the government from the liability of the State regarding statutory authorities?
Detailed Solution for Test: Vicarious Liability of State in India - Question 15

The liability of the government differs from the liability of the State in that the government can assert that the statutory authority is neither answerable nor subordinate to it. Therefore, the government cannot be held responsible for the consequences resulting from the actions of a statutory authority. On the other hand, the State lacks such a defense since it enacts statutes through the Legislature, making the actions of statutory authorities attributable to the State.

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