Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

Principle: An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees.

Facts: A and B were working in factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.

पर्याय

• The owner of the factory will be liable

• A and the owner of the factory shall be jointly liable

• The owner of the factory will not be liable

• None of the above

Answer 1

The owner of the factory will not be liable

Explanation:

According to the rules laid down in the guiding principle an employer is liable of the negligence of his employees but of the victim of such negligence is one of his other employee then he is not liable for such negligence  The owner of the factory is not liable (1) as both A &  B were his employees.