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Question
LEGAL PRINCIPLES:
1. Master/Principal is vicariously liable for the tort committed by an servant / agent, in the 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 a prudent or reasonable man would not do.
FACTUAL SITUATION : 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 an servant / agent, in the 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 a prudent or reasonable man would not do.
FACTUAL SITUATION : 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 _________________.
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Solution
The correct option is B B would be liable because there is master and servant relationship between B and the surgeon
- 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. A duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foresee ably harm others. It is the first element that must be established to proceed with an action in negligence.
- Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In the field of Torts it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per se per alium facit per se, which means, “He who does an act through another is deemed in law to do it himself”.
- In the present case, the negligence was on part of the surgeon of the hospital which was maintained by B which further proves that surgeon was the agent of the hospital and hence there is master servant relationship between B and the surgeon which imposes the vicarious liability on B.
- 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. A duty of care is a legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foresee ably harm others. It is the first element that must be established to proceed with an action in negligence.
- Vicarious liability refers to a situation where someone is held responsible for the actions or omissions of another person. In the field of Torts it is considered to be an exception to the general rule that a person is liable for his own acts only. It is based on the principle of qui facit per se per alium facit per se, which means, “He who does an act through another is deemed in law to do it himself”.
- In the present case, the negligence was on part of the surgeon of the hospital which was maintained by B which further proves that surgeon was the agent of the hospital and hence there is master servant relationship between B and the surgeon which imposes the vicarious liability on B.
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