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Directions: Read the passage and answer the following question.
Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:
"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."
Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.
Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-
The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.
Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.
An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.
Q. What are criteria's, which must be met before employee status, can be granted to a person?
  • a)
    The individual must provide work or skill for the employer in return for payment or other remuneration.
  • b)
    The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.
  • c)
    The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.
  • d)
    All of the above
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the passage and answer the following question.Vicari...
The most appropriate answer is the option 'fourth'.
The mentioned criteria's have to be filled up before employee status is granted to a person. The individual must work for an employer in return for the remuneration, Employee must follow the instructions of the employer and the circumstances must be congenial for the employee.
Hence, this is the correct option.
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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted. The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. A, an employee of GHC Company worked for a garage, which had petrol pumps outside and had a duty to assist in the movement of vehicles around the garage and also the drivers as they undertook tricky man oeuvres and while doing it negligently backed over B in a lorry. B sued the employer of A.

Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted. The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. How do courts determine whether a person is an employee?

Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. Andrew was asked by Collin, his employer to deliver a truck full of logs to Hanskinton. Collin gave direction to take road X which is the long cut. In order to finish work early Andrew took the road Z which was shortcut but bumpy. While driving, one of the logs slipped the rope tying and hurt Zingo who was riding just behind Andrew's truck. Is Colin liable?

A fiduciary relationship is where one person places some type of trust, confidence, and reliance on another person. The person who is delegated trust and confidence would then have a fiduciary duty to act for the benefit and interest of the other party. The party who owes a duty to act for the best interest of the other party is called the fiduciary. The party to whom the duty is owed is called principal.Fiduciary relationships are created in many legal assignments such as contracts, wills, trusts, elections, corporate settings, The main purpose for fiduciary relationships is to establish an honest and trusted relationship between two parties where one party can rely and be confident that the other person is working for their interest and are not using their power for their own interest or the interest of a third party.In order to determine the existence of fiduciary relationship, it could be said that whether one has reposed confidence in another, i.e. whether a confidential relationship exists, is the material test to determine the existence of fiduciary relationship.For instance, in a transaction with the trustee who is under an obligation to protect the interest of the beneficiary, for whose benefit the confidence has been reposed on him can be stated as a fiduciary relationship. The basic principle of the trust is that the trustee generally acts voluntarily and is not paid for his services, though he may claim remuneration if he can show a specific entitlement of it. A trustee cannot be a purchaser of trust property, as he cannot be both seller and purchaser.In a fiduciary relationship induced by profit a person, in whom a confidence is reposed, gains profits by availing himself of his position. Equity refuses such a person (fiduciary) to claim for himself the profit which has been obtained by him in pursuance of his undertaking or discharge of his own obligation.Q. In a partnership business, if one of the partners dies, then the remaining partners have a fiduciary relationship to ensure the interests of the deceased partner towards his representatives. Does this statement hold true with respect to the passage above?

Compensation to victims is a relatively less recognised component of criminal justice. In a system that focusses mainly on the accused, an order of compensation is a recognition of the state’s obligation to victims of crime, especially horrific acts. In ordering the Gujarat government to pay Rs 50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavoured to achieve restitutive justice. Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers. A group of rioters had raped her as well as two other women, and killed seven members of her family at Randhikpur village on March 3, 2002. The Bench headed by Chief Justice of India Ranjan Gogoi awarded her Rs 50 lakh, besides asking the State government to provide her with a government job and a house.Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons. The sentences were upheld by the Bombay High Court. Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated. The Supreme Court has asked for the pension benefits of three police officers to be withdrawn. In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation. Not every crime would have a similar set of circumstances. While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice. The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependants who have suffered loss and injury and who may require rehabilitation. While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hoc manner, but is based on sound principles.Q. Recently in Hyderabad, there is an instance of gang-rape of a young doctor who is a widow with a single child. The doctor is traumatized by the incident and is under medical care. She is unable to resume working after the incident. What is the most likely outcome in this case, based on the information given in the passage?

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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer?
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Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. 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 Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect 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 Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the passage and answer the following question.Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another. The primary situation in which the concept will arise is one in which someone is acting on behalf of an employer. An explanation for this phenomenon can be seen in Dubai Aluminium Co Ltd v Salaam [2002] 3 WLR 1913 per Lord Nicholls:"The underlying legal policy is based on the recognition that carrying on a business enterprise necessarily involves risk to others. It involves the risk that others will be harmed by wrongful acts committed by the agents through whom the business is carried on. When those risks ripen into loss, it is just that the business should be responsible for compensating the person who has been wronged."Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort.Establishing vicarious liability requires three primary criteria to be met. There must be a relationship of control, a tortious act, and that act must be in the course of employment. The courts will first look for a sufficiently close relationship between tortfeasor and third party before it allows vicarious liability to be imparted.The most commonly encountered relationship is employer-employee and a number of tests to distinguish between employees and contractors-The first is the 'control test' involving who, exactly, is in control of the individual's work. The 'organisation' or 'integration test' distinguishes between people who sign 'contracts of service' and those who 'contract to provide services'. The 'economic reality test' is sometimes referred to as the 'multiple test' or the 'pragmatic test'. It involves examining the characteristics of the subject's work arrangements against a checklist of signs of conventional employment.Once a sufficiently close relationship has been established, it must be shown that the individual has committed a tortious act. This is because no secondary liability can be imposed on a third party before someone acting on their behalf has attracted primary liability. This means that whether vicarious liability is possible depends on whether liability exists for the relevant tort.An employer is not responsible for all of the acts one of their employees carries out. Instead, for vicarious liability to be possible, the tortious act must occur in the course of employment. If the relevant relationship is not employer employee, then the same principle applies but in a modified form. There are several categories of employment scenarios which can arise with regard to this element of vicarious liability.Q. What are criteria's, which must be met before employee status, can be granted to a person?a)The individual must provide work or skill for the employer in return for payment or other remuneration.b)The individual must have agreed (either expressly or impliedly) that they will work under the control of the employer.c)The circumstances of the individual's working arrangements must be consistent with those of an employee like working hours, procedure to be followed, equipment to be used etc.d)All of the aboveCorrect answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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