CLAT Exam  >  CLAT Questions  >   Direction: You have been given some passages... Start Learning for Free
Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.
Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.
It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.
In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.
That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.
Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied:
The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability;
  • The tort will have been committed as a result of activity being taken by the employee on behalf of the employer;
  • The employee's activity is likely to be part of the business activity of the employer;
  • The employee will, to a greater or lesser degree, have been under the control of the employer."
    He added that:
    "Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."
    Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.
    • a)
      Y is liable as he was the employer as per the contract of employment.
    • b)
      Z is liable as there existed a relationship incurring a vicarious liability on him.
    • c)
      X is liable as the act was done outside the course of employment.
    • d)
      Both Y and Z are jointly and severally liable.
    Correct answer is option 'B'. Can you explain this answer?
    Most Upvoted Answer
    Direction: You have been given some passages followed by questions ba...
    Refer to the 3rd paragraph- It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.
    Attention CLAT Students!
    To make sure you are not studying endlessly, EduRev has designed CLAT study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CLAT.
    Explore Courses for CLAT exam

    Similar CLAT Doubts

    Direction: You have been given some passages followed by questions based on each passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by Englands highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employerfor vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied:1. The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability;2. The tort will have been committed as a result of activity being taken by the employee on behalf of the employer;3. The employees activity is likely to be part of the business activity of the employer;4. The employee will, to a greater or lesser degree, have been under the control of the employer."He added that: "Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that its akin to that between an employer and an employee."X was the driver of Y Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.

    Direction: You have been given some passages followed by questions based on each passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by Englands highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employerfor vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied:1. The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability;2. The tort will have been committed as a result of activity being taken by the employee on behalf of the employer;3. The employees activity is likely to be part of the business activity of the employer;4. The employee will, to a greater or lesser degree, have been under the control of the employer."He added that: "Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that its akin to that between an employer and an employee."A is a servant in Bs house. He is employed exclusively for taking care of Bs sick father. His working hours arefrom 10 am to 8 pm. B works at a company as an insurance agent. Once, when he was sick home, he needed some papers delivered at the office. One day, at 6 pm, B asked A to do him a favour, take his car and deliver the papers to his office. A hits C, a pedestrian on the way to Bs office. C sues B for the injury caused to him through As negligent driving. Will B be vicariously liable?

    Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. With reference to the above passage which of the following is its most apt assessment?

    Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. Which of the following can be reasonably inferred from the passage?

    Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. Which of the following best describes the principle of vicarious liability?

    Top Courses for CLAT

    Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer?
    Question Description
    Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer?.
    Solutions for Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. 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 Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer?, a detailed solution for Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? has been provided alongside types of Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Direction: You have been given some passages followed by questions based on this passage. You are required to choose the most appropriate option which follows from the passage. Only the information given in the passage should be used for choosing the answer and no external knowledge of law howsoever prominent is to be applied.Vicarious liability has been considered by England's highest courts in a flood of cases in recent years and the law has taken another step forward with judgments from the Supreme Court; Originally, the doctrine of vicarious liability was confined to cases where a wrongdoer was employed by a defendant.It was later recognised that a relationship can give rise to vicarious liability even in the absence of a contract of employment, e.g., where an employer lends his employee to a third party, the third party may be treated as the employer for vicarious liability purposes.In the Christian Brothers Case, the Court considered the general approach in deciding whether a relationship other than one of employment can give rise to vicarious liability, subject to there being a sufficient connection between that relationship and the tort in question and extended the scope of the doctrine.That case concerned whether the defendant, an international unincorporated association whose mission was to provide children with a Christian education, was vicariously liable for the sexual abuse of children by members of the institute, otherwise known as brothers, who taught at an approved school. The Supreme Court held that it was.Lord Phillips stated that: "The relationship that gives rise to vicarious liability is in the vast majority of cases that of employer and employee under a contract of employment. The employer will be vicariously liable when the employee commits a tort in the course of his employment. There is no difficulty in identifying a number of policy reasons that usually make it fair, just and reasonable to impose vicarious liability on the employer when these criteria are satisfied: The employer is more likely to have the means to compensate the victim than the employee and can be expected to have insured against that liability; The tort will have been committed as a result of activity being taken by the employee on behalf of the employer; The employee's activity is likely to be part of the business activity of the employer; The employee will, to a greater or lesser degree, have been under the control of the employer." He added that:"Where the defendant and tortfeasor are not bound by a contract of employment, but their relationship has the same incidents, that relationship can give rise to vicarious liability on the ground that it's 'akin to that between an employer and an employee."Q. X was the driver of Y. Z a friend of Y asked him to lend his driver to drop his in laws to the airport. X was asked by Z to go directly come to his house after dropping them. While returning from the airport he fell asleep and ran into a car of the plaintiff. Decide.a)Y is liable as he was the employer as per the contract of employment.b)Z is liable as there existed a relationship incurring a vicarious liability on him.c)X is liable as the act was done outside the course of employment.d)Both Y and Z are jointly and severally liable.Correct answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
    Explore Courses for CLAT exam

    Top Courses for CLAT

    Explore Courses
    Signup for Free!
    Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
    10M+ students study on EduRev