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Conductors and Insulators

Principle: A ...

Question

Principle: A Master is liable to third persons for every such wrong of his servant as committed in the course of service. For acts committed beyond the scope of employment, the master is liable only if he has expressly authorized the act. A owned a bus and he had hired B to drive it and C to be the conductor. One day, when B had stepped out of the bus to have a cup of coffee. C decided to turn the bus around so that it was ready for its next trip. While doing so, C ran over D's leg, causing major injuries to him. D sued A for damages.

A

D will succeed since C was employed A

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B

D will not succeed since A had not authorized C to drive the bus

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C

D will not succeed since the bus was not on an official trip

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D

D will succeed since turning the bus was in the course of employment

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Solution

The correct option is A D will not succeed since A had not authorized C to drive the bus
A only authorized the conductor for cleaning the bus or for issuing ticket and never authorized him to drive the bus. So when conductor caused the accident and he is liable. Therefore (b) is the correct option.

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Q. PRINCIPLE: Master is liable for the wrongful acts committed by his servant, provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.

FACTS: 'D' is a driver employed by 'M', who is the owner of a company. During the lunch time 'D' goes to a close by tea shop to have a cup of tea. There he ('D') picks up fight with the tea shop owner 'T', which resulted in some damage to his shop. 'T' wants to sue 'M' for claiming compensation for the damage caused by the fight.

Which of the following derivations is CORRECT?

Q. LEGAL PRINCIPLE : A master shall be liable for the acts of his servants done in the course of employment.
FACTUAL SITUATION : PUL, a public sector undertaking, is operating a number of bus services for its employees in Pune. These buses are quite distinct in their appearance and carry the board "for PUL employees only". M, a villager from neighboring state, was waiting for a regular bus in one of the bus stops in Pune. A bus belonging to PUL happened to stop nearby and number of people got into the bus. M, without realizing that it was PUL bus, got into the bus and soon thereafter, the bus met with an accident due to driver's negligence. M, along with several others, was injured in the accident. M seeks to file a suit against PUL claiming damages.
DECISION :

Q. Principle Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment. However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.
Facts 'D' is a driver employed by 'M' who is the owner of a company. During the lunch time, 'D' goes to close by tea shop to have a cup of tea. There he ('D') picks up fight with the tea shop owner ('T'), which resulted in some damage to his shop. 'T' wants to sue 'M' for claiming compensation for the damage caused by the fight.
Which of the following derivations is correct?

Q. LEGAL PRINCIPLE: A master is liable for those acts of his servant which are committed in the course of employment.

FACTUAL SITUATION: A travelling agency asked its driver to drop a customer at the Delhi University. After dropping the customer, when he was returning back to the office of agency, he found his girlfriend on the way who was waiting for a bus to her residence which is one kilometer away from the office of agency. The driver offered her the lift. On the way, the car met with an accident and the girl got severely injured. She now claims compensation from the agency.

Q. Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLES:
(1) Master is liable for the wrongful acts committed by servants, in the course of their employment if third employment if parties suffer damages in consequences.
(2) However the master is liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
(3) If a person by an act lowes the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.
FACTUAL SITUATION: Tiwari is a servant of Ajit, on his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's Servant. Decide.

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