A entrusted his car to B for plying it as a taxi. B employed C as a cl...
Under the given scenario, the liability of A, the owner of the vehicle, needs to be determined. Let's analyze the situation and the legal principles involved:
- Permissive Use: A entrusted his car to B for using it as a taxi. This implies that B had the permission or authority to use the vehicle for its intended purpose.
- Course of Employment: B employed C as a cleaner, not a driver. However, B gave the taxi to C for the purpose of taking a driving test and obtaining a driving license. This could be considered as an act within the course of employment.
- Agency Relationship: B, as the employer, can be considered as an agent of A, the owner of the vehicle, as B was entrusted with the responsibility of using the car as a taxi.
- Liability of the Owner: Generally, the owner of a vehicle is liable for any accidents or damages caused by the driver of the vehicle during its use, as long as the driver was using the vehicle with the owner's permission or authorization.
Based on the above analysis, we can conclude that:
- A is not liable because C was driving the car without the permission or authorization of A, the owner. A had entrusted the vehicle to B for use as a taxi, not for C to drive.
- B may be held liable for the accident because it happened during the course of employment when B gave the vehicle to C for the driving test. However, this liability would be separate from the liability of A, the owner.
- C, as the driver, may be held liable for the injuries caused to D as a result of the accident.
- D, the injured party, may have a valid case against B, who acted as an agent of A, for giving the vehicle to C for the driving test. However, this does not make A, the owner, liable as there was no permission or authorization given to C to drive the car.
In conclusion, A is not liable for the accident caused by C during the driving test as A had neither permitted nor authorized C to drive the car.
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A entrusted his car to B for plying it as a taxi. B employed C as a cl...
Explanation:
The correct answer is option 'C': A is not liable as he had neither permitted nor authorised C to drive the car.
Reasoning:
To determine liability in this case, we need to analyze the relationships and responsibilities of the parties involved.
A (Car Owner):
A entrusted his car to B for use as a taxi. However, A did not give permission or authorize C to drive the car. A's responsibility ends with entrusting the vehicle to B.
B (Employer):
B was entrusted with the car by A and employed C as a cleaner. B then gave the taxi to C for the purpose of taking a driving test and obtaining a driving license. B, as an employer, has the responsibility to ensure that the employees are qualified and capable of performing their duties safely.
C (Employee):
C was employed by B as a cleaner and was given the taxi to take a driving test. While driving the vehicle during the test, C seriously injured D. C was not authorized by A to drive the car.
D (Injured Party):
D was seriously injured due to C's actions while driving the car during the test.
Analysis:
In this case, A cannot be held liable for the accident and injuries caused by C. A entrusted the car to B, who then gave it to C without A's permission or authorization. A did not have direct control over C's actions, and there was no employer-employee relationship between A and C. Therefore, A cannot be held responsible for C's negligence.
Conclusion:
Based on the analysis, option 'C' is the correct answer. A is not liable as he had neither permitted nor authorized C to drive the car.