1
Question
LEGAL PRINCIPLEs: (1) Master/ Principal is vicariously liable for the tort committed by a servant/agent, in performance of his duties as an servant/agent.
(2) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which is prudent or reasonable man would not do.
FACTS: A patient is brought to a hospital maintained by B. The patient is to be operated upon. As a result of faulty oxygen supply, the patient dies on the operation theatre table, then ______.
LEGAL PRINCIPLEs: (1) Master/ Principal is vicariously liable for the tort committed by a servant/agent, in performance of his duties as an servant/agent.
(2) Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which is prudent or reasonable man would not do.
FACTS: A patient is brought to a hospital maintained by B. The patient is to be operated upon. As a result of faulty oxygen supply, the patient dies on the operation theatre table, then ______.
Open in App
Solution
The correct option is B B would be liable because there is master and servant relationship between B and the surgeon
The tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. It can be further defined as a tort committed by failure to act as a reasonable person to someone to whom s/he owes a duty, as required by law under the circumstances.Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. Since, the surgeon operated on the patient while he was in the course of his employment, Hospital maintained by B will be liable.
The tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. It can be further defined as a tort committed by failure to act as a reasonable person to someone to whom s/he owes a duty, as required by law under the circumstances.
Vicarious liability can be defined as a legal doctrine that assigns liability for an injury to a person who did not cause the injury who has a particular relationship to the person who did act negligently. This doctrine arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator. Since, the surgeon operated on the patient while he was in the course of his employment, Hospital maintained by B will be liable.
Suggest Corrections
0
Similar questions
View More
Join BYJU'S Learning Program
Explore more
Join BYJU'S Learning Program
