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Principle: A master is liable for the wrongful act of his servants committed in the course of employment.
Facts: 'A' employed 'B' to drive his jeep. 'B' took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. 'B's negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from 'A'?
  • a)
    Yes, bringing jeep from the workshop to the garage was within the course of employment.
  • b)
    Yes. They were injured due to the negligence of 'A's servant.
  • c)
    No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.
  • d)
    No. They were not authorized to use the vehicle.
Correct answer is option 'C'. Can you explain this answer?
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Principle: A master is liable for the wrongful act of his servants com...
The principle states that a master is liable for the wrongful acts of his servants committed in the course of employment. In this case, 'A' employed 'B' to drive his jeep. The issue at hand is whether 'A' can be held liable for the damages caused by 'B' when he went on a spree and gave a joy ride to unauthorized persons, resulting in an accident and injuries to those unauthorized persons.
The options provided are as follows:
A: Yes, bringing jeep from the workshop to the garage was within the course of employment.
B: Yes. They were injured due to the negligence of 'A's servant.
C: No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.
D: No. They were not authorized to use the vehicle.
The correct answer is C: No, the act of going on a spree and giving lifts to unauthorized persons was outside the course of employment.
Reasoning:
To determine whether the master can be held liable for the actions of the servant, it is essential to establish whether the wrongful act occurred within the course of employment. In this case, 'B' was employed by 'A' to drive his jeep. Bringing the jeep from the workshop to the garage would generally be considered within the course of employment. However, in the given scenario, 'B' deviated from his duties and went on a spree, giving unauthorized persons joy rides.
Engaging in personal activities such as going on a spree and giving lifts to unauthorized persons is outside the course of employment. These actions cannot be considered as part of 'B's employment responsibilities or duties. Therefore, 'A' cannot be held liable for the damages caused by 'B' during this unauthorized act.
Additionally, the fact that the unauthorized persons were not authorized to use the vehicle further strengthens the argument that their injuries cannot be claimed as damages from 'A'.
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Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that provides cars for rented use in the city of New Heights. A University in the city was organising a Literary Festival, and had to pick up and drop off eminent guests from the airport, and had hired a car from Zoom Carz for a period of two days. The Company had put up two notices on each of its cars. One of them read that no unauthorized person was allowed to take a lift in the car. The other read that the driver had been told expressly, not to give lifts to unauthorized people. He was only authorized to pick up and drop off persons as instructed by the University. On his way to the airport to pick up Amit Nayar, a famous author, the driver sees a friend on the sidewalk and decides to give him a lift. While driving on the highway to the airport, the driver caused an accident due to rash and negligent driving, and thefriend sustained a head injury and was paralysed for life. Who is to be held liable?

Principle 1 – The Principal is liable for all acts of the agent done in the course of employment.Principle 2 – When a servant commits a mistake while acting on behalf of his master, causing loss to the plaintiff thereby, the master will be liable for the same.Principle 3 – Generally, the employer is not liable for torts committed by an independent contractor working for him.Exception – The employer will be held liable for the acts of an independent contractor if he authorizes the doing of an illegal act.Explanation – An independent contractor is one who is not under the complete direction and control of the employer.Principle 4 – If the servant acts negligently in the performance of his duties or displays reckless behaviour, thereby causing loss to the plaintiff, the master will be held liable.Principle 5 – If the servant does an act in defiance of an express prohibition, and the act is outside the course of employment, then the master cannot be held liable for harm arising out of such an act.Facts – Fast Carz is a company that providescars for rented use in the city of New Heights.A University in the city was organising aLiterary Festival, and had to pick up and dropoff eminent guests from the airport, and hadhired a car from Zoom Carz for a period of twodays. The Company had put up two noticeson each of its cars. One of them read that nounauthorized person was allowed to take a liftin the car. The other read that the driver hadbeen told expressly, not to give lifts tounauthorized people. He was only authorizedto pick up and drop off persons as instructedby the University. On his way to the airport topick up Amit Nayar, a famous author, thedriver sees a friend on the sidewalk anddecides to give him a lift. While driving on thehighway to the airport, the driver caused anaccident due to rash and negligent driving,and the friend sustained a head injury andwas paralysed for life. Who is to be heldliable?

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Principle: A master is liable for the wrongful act of his servants committed in the course of employment.Facts: A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. Bs negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from A?a)Yes, bringing jeep from the workshop to the garage was within the course of employment.b)Yes. They were injured due to the negligence of As servant.c)No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.d)No. They were not authorized to use the vehicle.Correct answer is option 'C'. Can you explain this answer?
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Principle: A master is liable for the wrongful act of his servants committed in the course of employment.Facts: A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. Bs negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from A?a)Yes, bringing jeep from the workshop to the garage was within the course of employment.b)Yes. They were injured due to the negligence of As servant.c)No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.d)No. They were not authorized to use the vehicle.Correct answer is option 'C'. 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 Principle: A master is liable for the wrongful act of his servants committed in the course of employment.Facts: A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. Bs negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from A?a)Yes, bringing jeep from the workshop to the garage was within the course of employment.b)Yes. They were injured due to the negligence of As servant.c)No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.d)No. They were not authorized to use the vehicle.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: A master is liable for the wrongful act of his servants committed in the course of employment.Facts: A employed B to drive his jeep. B took the jeep from the workshop and thereafter, instead of taking the jeep to the garage, went on a spree, and on the way, he gave joy ride to some unauthorized persons. Bs negligence caused an accident resulting in injuries to all the unauthorized persons in the vehicle. Can they claim damages from A?a)Yes, bringing jeep from the workshop to the garage was within the course of employment.b)Yes. They were injured due to the negligence of As servant.c)No, Act of going on a spree and giving lift to unauthorized persons was outside the course of employment.d)No. They were not authorized to use the vehicle.Correct answer is option 'C'. Can you explain this answer?.
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