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Directions: Read the following passage and answer the question.
The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and that's where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.
When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.
At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.
[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]
Q. Modil works for Rohan as a forklift driver. Modil damages a customer's car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.
  • a)
    Modil would be responsible for the damages since they occurred while Modil was transporting the crate.
  • b)
    Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.
  • c)
    Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.
  • d)
    Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Directions: Read the following passage and answer the question.The doc...
Explanation:

Employer-Employee Relationship:
- Modil works for Rohan as a forklift driver, which establishes an employer-employee relationship.
- As per the doctrine of vicarious liability, the employer (Rohan) can be held liable for the actions of the employee (Modil) performed within the scope of employment.

Scope of Employment:
- Modil damaging a customer's car while hauling a crate to the client loading zone falls within the scope of his employment tasks.
- Therefore, Rohan can be held responsible for the damages caused by Modil during the course of his work.

Principal-Agent Relationship:
- In the principal-agent relationship, if the principal (Rohan) authorizes the agent (Modil) to perform a tortious act, both the principal and the agent are jointly and severally liable.
- The act of the agent (Modil) is considered the act of the principal (Rohan), making Rohan accountable for Modil's actions in this scenario.

Conclusion:
- Based on the established employer-employee relationship, the principle of vicarious liability, and the scope of employment, Rohan would be held accountable for the damages caused by Modil while carrying out assigned tasks during working hours.
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Community Answer
Directions: Read the following passage and answer the question.The doc...
Rohan would be held responsible because the damage occurred while Modil was carrying out assigned duties during working hours. In accordance with the previously mentioned law, an employer is considered liable for the wrongful actions of their employees when these actions take place within the scope of employment. Consequently, Rohan cannot escape responsibility.
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Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer?
Question Description
Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct 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 following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct 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 following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions: Read the following passage and answer the question.The doctrine of vicarious liability, generally, is the rule that the person is liable for the wrongful acts done by himself and no one else would incur the liability for his act. But under certain circumstances, one person can be held liable for the acts done by the other and thats where the doctrine of vicarious liability lies. Thus, for example, where the wrongful act was done by B who was at that time working under A, then, in that condition, A would be held liable for the tortious liability as per this doctrine of vicarious liability. But to be held liable for this type of tort, it is necessary that there is a certain kind of relationship between the two and the act done should be in a certain way related to that relationship. There is certain scope of employment under which an employer could be held liable. Scope of employment refers to the actions of an employee within the terms of his employment. This employment varies depending on the specific requirements of the job the employee is hired to do.When a person has got the authority to perform a certain act but he authorises it to someone else working under him, this relationship is known as a principal-agent relationship. When the principal authorises an agent to perform some tortious act, the liability for that will not be only of that person who has committed it but also of that who has authorised it. It is based on the principle "Qui facit per alium facit per se", which means "the act of an agent is the act of the principal". Liability of both the principal and the agent is joint and several.At times, the master or the employer may knowingly employ a clearly incompetent person. Hence, if any fault is committed, then the master will still be responsible. Master may consciously fail to provide proper means for the performance of the allotted work, if the servant does a work in such a manner due to which anybody faces inconvenience would make the master liable. Individuals performing work for someone else, though not considered legal employees but independent contractors, are not working within the scope of employment for the sake of vicarious liability.[Extracted, with edits and revisions, from vicarious liability, blog by lawtimesjournal]Q.Modil works for Rohan as a forklift driver. Modil damages a customers car while hauling a big crate to the client loading zone. The aforementioned client had come to meet Rohan. Modil was performing the tasks assigned to him as part of his employment. The customer sued Modil in court. Make a choice based on how you interpret the passage.a)Modil would be responsible for the damages since they occurred while Modil was transporting the crate.b)Modil would be accountable because the employment regulations stipulate that an employee is responsible for any damages they cause.c)Rohan would bear the responsibility because the client was present in the office premises to meet Rohan.d)Rohan would be held accountable as the damage was caused by Modil during working hours while carrying out tasks assigned by Rohan.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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