Below questions contains some basic principles and fact situation in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles
1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorised to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.
Facts
Somu contracted with Amar whereunder Amar would buy a pumpset to be used in Somu's farm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar.
Proposed Decision
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.
Suggested Reasons
i) Amar committed the wrong while acting for the benefit of Somu.
ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
iii) Both Amar and Somu are liable since they are bound by the contract.
iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.
Your decision with the reason.
Below questions contains some basic principles and fact situation in which these basic principles have to be applied. A list of probable decisions and reasons are given.
Principles
1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorised to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.
Facts
Somu contracted with Amar whereunder Amar would buy a pumpset to be used in Somu's farm. Such a pumpset was in short supply in the market. Gulab, a dealer, had such a pumpset and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pumpset. Gulab filed a complaint against Amar.
Proposed Decision
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.
Suggested Reasons
i) Amar committed the wrong while acting for the benefit of Somu.
ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
iii) Both Amar and Somu are liable since they are bound by the contract.
iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.
Your decision with the reason.
The correct option is B (a)−(ii)
In the case discussed above Amar and Somu had a contract where Amar would get Somu the pump which is unavailable in the market. For this purpose he visited a dealer Gulab who refused to sell the pump, so Amar threatened Gulab. Here Amar is alone liable for the wrong though he acted for Somu as per the principle if Amar while acting for Somu commits wrong, Amar is responsible for the wrong, not Somu as the contract was for the arrangement of the pump not for the deeds of Amar. The act of threatening Gulab of serious consequence is wrong . Amar should not do something he would have done while acting for himself in case of acting for Somu because he is liable for his deed irrespective of the contract with Somu.
In the case discussed above Amar and Somu had a contract where Amar would get Somu the pump which is unavailable in the market. For this purpose he visited a dealer Gulab who refused to sell the pump, so Amar threatened Gulab. Here Amar is alone liable for the wrong though he acted for Somu as per the principle if Amar while acting for Somu commits wrong, Amar is responsible for the wrong, not Somu as the contract was for the arrangement of the pump not for the deeds of Amar. The act of threatening Gulab of serious consequence is wrong . Amar should not do something he would have done while acting for himself in case of acting for Somu because he is liable for his deed irrespective of the contract with Somu.
