Question

Below question contains some basic principles and fact situations 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 authorized 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 pump set to be used in Somu's farm. Such a pump set was in short supply in the market. Gulab, a dealer, had such a pump set and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pump set. 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 to Somu's benefit. Your decision with the reason.

विकल्प

• (a) - (i)

• (a) - (ii)

• (d) - (iv)

• (c) – (iv)

Answer 1

(a) - (ii)

Explanation:

Amar is sole responsibility and it was on his discretion to avoid such a threat to Gulab.