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Principle: A master is liable for the acts committed by his servant in the course of employment.


Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?

  • a)
    A shall not be liable, B was not in the course of employment when he took C inside the car. 

  • b)
    A shall be liable, because B was in the course of employment at the time of accident

  • c)
    C got into the car at his own risk, and therefore, he cannot sue anybody.

  • d)
    A shall not be liable, as he had instructed B not to give lift to unauthorized persons.

Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
Principle: A master is liable for the acts committed by his servant in...
This principle states that if a servant commits an act while performing their job duties, the master (employer) is responsible for the consequences of that act. The fact presented in the question is missing, so it cannot be determined whether it is related to the principle or not.
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Principle: A master is liable for the acts committed by his servant in...
As while driving he was in the course of action it no matter whether master expressly prohibited his servant or not be have to check that only whether the person is in course of employment or not
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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?

This Questions based on a common set of principles and facts. Answer accordingly.Principle 1: Any person (Principal) authorizing another person (Agent) to do a certain act will be liable for all acts of such person done within the course of employment. The tests of control and direction must be complied with.Principle 2: A wrongful act authorized by the Principal as well as a lawful act done in a wrongful manner would be considered to have been within the course of employment unless specific directions were given regarding the mode of performance of the act.Principle 3: For an act to fall outside the scope of employment, the act should either have been performed after the authorized act had come to an end or must be of such nature that it can be completely divorced from the authorized act.Principle 4: Such a relationship need not be a long term arrangement and can be set up for one specific transaction.Facts: Aggubai instructed her long standing childhood friend Annubai to go to Palampur and strike a deal with Tagesh, a spirit supplier, for the purchase of 1000 bottles of McDowell‘s No.1 whisky, which Aggubai intended to sell at her retail store in Mumbai. Annubai was also instructed to keep in touch with Aggubai over phone regarding the deal. Accordingly, Annubai took a train to Palampur, planned a meeting with Tagesh and made the requisite purchase.Q.On her way back, Annubai decided to drive down for a part of the journey as her friend Bhavinder told her it was a scenic drive. Annubai got tempted and downed 4 bottles of whisky in the car. Owing to her inebriated state, Annubai sped and her car ran into a family of three sleeping on the footpath. Who will be liable for the accident?

Directions: Questions 4 - 6are based on a common set of principles and facts. Answer accordingly.Principle 1: Any person (Principal) authorizing another person (Agent) to do a certain act will be liable for all acts of such person done within the course of employment. The tests of control anddirection must be complied with.Principle 2: A wrongful act authorized by the Principal as well as a lawful act done in a wrongfulmanner would be considered to have been within the course of employment unless specific directions were given regarding the mode of performance of the act.Principle 3: For an act to fall outside the scope of employment, the act should either have beenperformed after the authorized act had come to an end or must be of such nature that it can becompletely divorced from the authorized act.Principle 4: Such a relationship need not be a long term arrangement and can be set up for one specific transaction.Facts: Aggubai instructed her long standing childhood friend Annubai to go to Palampur and strike a deal with Tagesh, a spirit supplier, for the purchase of 1000 bottles of McDowells No.1 whisky, which Aggubai intended to sell at her retail store in Mumbai. Annubai was also instructed to keep in touch with Aggubai over phone regarding the deal. Accordingly, Annubai took a train to Palampur, planned a meeting with Tagesh and made the requisite purchase.Que: On her way back, Annubai decided to drivedown for a part of the journey as her friendBhavinder told her it was a scenic drive.Annubai got tempted and downed 4 bottlesof whisky in the car. Owing to herinebriated state, Annubai sped and her carran into a family of three sleeping on thefootpath. Who will be liable for theaccident?

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Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer?
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Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? for CLAT 2025 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 acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer?.
Solutions for Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. 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 Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle: A master is liable for the acts committed by his servant in the course of employment.Fact: “A” instructs his driver “B” to drive his vehicle from the office back to home. He is also instructed not to carry any unauthorized person in the car. “B” one day while driving empty car back to home picks up his friend, “C”, who stays close to A’s house. In the course of driving the car towards A’s house, he collides with a vehicle.”C” is injured in the accident. Is A liable to compensate to C?a)A shall not be liable, B was not in the course of employment when he took C inside the car.b)A shall be liable, because B was in the course of employment at the time of accidentc)C got into the car at his own risk, and therefore, he cannot sue anybody.d)A shall not be liable, as he had instructed B not to give lift to unauthorized persons.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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