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CLAT Exam  >  CLAT Questions  >  Principle 1 – The Principal is liable f... Start Learning for Free
Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.
Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.
Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.
Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.
Explanation – An independent contractor is one who is not under the complete direction and control of the employer.
Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.
Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.
Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?
  • a)
    The driver ought to be held liable, as it is hisfault alone.
  • b)
    The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.
  • c)
    The University should probably be held liablefor not giving him instructions that were clearenough.
  • d)
    The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.
Correct answer is option 'D'. Can you explain this answer?
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Principle 1 – The Principal is liable for all acts of the agent ...
The driver will be held liable here, and not the Company, as he has acted in defiance of express orders. Apply Principle 5.
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Principle 1 – The Principal is liable for all acts of the agent ...
Explanation:

Principle Applicable: Principle 5 - If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.

Analysis:
- The company, Fast Carz, had put up notices expressly prohibiting the driver from giving lifts to unauthorized persons.
- The driver's decision to give a lift to his friend was in direct violation of these express orders.
- The driver's act of giving a lift to his friend was not in the course of his employment, as he was not authorized to do so by the company.

Conclusion:
- As per Principle 5, since the driver's act was outside the course of employment and in defiance of express orders of the company, the company cannot be held liable for the accident caused by the driver.
- Therefore, the driver will be held liable for his negligent and reckless act of giving a lift to an unauthorized person, which resulted in the accident and the friend being paralyzed for life.
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Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that provides cars for rented use in the city of New Heights. A University in the city was organising a Literary Festival, and had to pick up and drop off eminent guests from the airport, and had hired a car from Zoom Carz for a period of two days. The Company had put up two notices on each of its cars. One of them read that no unauthorized person was allowed to take a lift in the car. The other read that the driver had been told expressly, not to give lifts to unauthorized people. He was only authorized to pick up and drop off persons as instructed by the University. On his way to the airport to pick up Amit Nayar, a famous author, the driver sees a friend on the sidewalk and decides to give him a lift. While driving on the highway to the airport, the driver caused an accident due to rash and negligent driving, and thefriend sustained a head injury and was paralysed for life. Who is to be held liable?

Read the passage carefully and answer the questions given below it. The internet has become an integral part of todays generation of people; from communicating through instant messages and emails to banking, travelling, studying and shopping, internet has touched every aspect of life. With the growing use of the internet by people, protecting important information has become a necessity. A computer that is not having appropriate security controls can be infected with malicious logic and thus any type of information can be accessed in moments. Number of infected Web Pages and malicious websites can be seen every day that infects the computer and allow hackers to gain illegal access to other computer systems.Hacking of important data, network outages, computer viruses and other cyber related threats affect our lives that range from minor inconvenience to serious incidents. Cyber threats can be caused due to negligence and vulnerabilities, or unintentional accidents. The main objectives of such type of system attackers or hackers are to steal confidential information, to make illegal monetary transactions, to destroy or to change data and the like. System attackers can be terrorists, crackers or recreational hackers. They have a variety of tools that can harm or infect the computer; usually they use malicious logic or virus to gain unauthorized access to a computer. Opening email attachments that carry the virus, clicking malicious links or websites or unintentionally downloading a dangerous program are common ways through which a computer can be infected and data can be stolen.As the number of data networks, digital applications, as well as internet and mobile users are growing, so do the chances of cyber exploitation and cyber crimes. Even a small mistake in securing data or bad social networking can prove to be extremely dangerous. If accounts are not properly secured, it makes easier for hackers or unauthorized users to spread viruses or social engineered attacks that are designed to steal data and even money. Such types of issues highlight the need for cyber security as an essential approach in protecting and preventing data from being used inappropriately.In simple language, Cyber Security or Information technology security means protecting data, networks, programs and other information from unauthorized or unintended access, destruction or change. It encompasses all the mechanisms and processes that protect digital equipment, information and records from illegal or unintended access, manipulation or destruction.In todays dynamic environment, cyber security has become vital for individuals and families, as well as organizations (such as military, government, business houses, educational and financial institutions, corporations and others) that collect and store a wide range of confidential data on computers and transmit that to other computers across different networks. For families, protection of children and family members from cyber crime has become substantially important. For an individual, protecting information that could impact social life as well as personal finance is essential. The internet has provided a wide array of learning opportunities, but there are risks too. Photos, videos and other personal information shared by an individual on social networking sites such as Facebook, Twitter can be inappropriately used by others may lead to serious and even life-threatening incidents. Social networking sites have become the most popular medium for sharing information and connecting with other people. But these sites have created varied opportunities for cybercrimes, compromised personal identities and information leakage. Therefore, it is important for individuals to understand how to protect against cyber threats, and must also comprehend the difference between virtual and real world. One should learn how to protect computers and personal information from being hacked and should engage in appropriate online behaviour in order to eliminate changes of cyber threats and thereby creating a safer online environment.Question: According to the author, what does cyber security mean?

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Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer?
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Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?a)The driver ought to be held liable, as it is hisfault alone.b)The Company must be held liable, as it was anegligent act of the driver, in the course ofemployment.c)The University should probably be held liablefor not giving him instructions that were clearenough.d)The driver’s act was in defiance of expressorders of the Company. Hence, the Companycannot be held liable, and the driver will beliable for his act.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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