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प्रश्न
Principle: Employer is liable for the injury caused to the employee in the course of his employment.
Facts: X organized a party and hired a caterer. During the party, the generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.
पर्याय
X is liable as Y was working in the course of employment offered by X
X is not liable as Y is not his employee
X is liable because party was organized by him
A caterer is liable as Y is his employee
उत्तर
X is liable as Y was working in the course of employment offered by X
Explanation:
X is liable as Y was working in the course of employment offered by X. In this case, the liability falls on X because for that time period Y was his employee as he had promised Y Rs.1000/- for the job of calling a mechanic using his own (X’s) vehicle.
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संबंधित प्रश्न
Principle: Everyone has the right of private defense to defend his body and property by use of reasonable force unless that person had time to have recourse to the protection of public authorities.
Facts: X receives information at 5.00 pm that Y along with few friends are planning to burn his crop at midnight which is ready to be harvested. He does not inform the village Police Station which was just one kilometer away. He gathers his family members and directs them to collect some weapons in the form of swords and lathis to protect his field/crop. At around 11.00 pm Y and his aides attack the crop and a severe fight ensues wherein Y is seriously injured.
Principle: Whoever does not arrest the killer and report the matter to the concerned authorities commits an offence.
Facts: 'A', a woman, sees 'B', another woman, killing a third woman 'C'. 'A' neither attempted to arrest 'B' nor informed the concerned authorities.
Principle: Consent is a good defence for civil action in tort. But consent must include both knowledge of risk and assumption of risk, i.e, readiness to bear harm.
Facts: A lady passenger was aware that the driver of the cab, in which she opted to travel was little intoxicated. The cab met with an accident and lady got injured.
Mark the best option:
Principles: Whoever takes away anything from the land of any person without the person's consent is said to commit theft. A thing so long as it is attached to the earth is not subject to theft, but it becomes capable of being the subject of theft soon as itis severed from the earth.
Facts: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.
Decide
PRINCIPLE Where the plaintiff himself is in fault, the defendant shall not be answerable for the harm brought on by the plaintiff's own actions.
FACTS Jimmy had put up a board in his house warning all trespassers of 'Beware of Dogs'. Jimmy arrived home using a cab and since he did not have the wallet asked the driver to stay outside. He received a long-distance phone call and spoke for 20 straight minutes. The cab driver outside was getting very restless and was ringing the bell which turned out to be broken. Left with no other alternative the driver came in only to be bitten black and blue by Jimmy's Rottweiler. In a suit brought by the cab driver
Principle: A person is liable for all the injurious consequences of his careless act.
Facts: Ram, a snake charmer, was exhibiting his talents to a group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.
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: In a civil action for defamation, the truth of the defamatory matter is an absolute defense. However, the burden of proving truth is on the defendant; and he is liable if he does not successfully discharge this burden.
Facts: 'D' who was the editor of a local weekly, published a series of articles mentioning that 'P', who was a government servant, issued false certificates, accepted bribe, adopted corrupt and illegal means to mint money and was a 'mischief monger'. 'P' brought a civil action against 'D', who could not prove the facts published by him.
Under the circumstances, which of the following derivations is correct?
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: The owner of immovable property is entitled to the column of airspace above the surface. However, the owner's right to air and space above his land is restricted to such height as is necessary for the ordinary use and enjoyment of his land and the structures on it.
Factual Situation: Galaxy Cable TV Network Company is providing cable connections to their customers. One of the cables passes over the house of Mr. Vasanth Bhat., He is not a customer of the Network Company. The cable is neither attached to his house nor to any projection thereof.
It is at a distance of 20 ft above the terrace of Mr. Bhat's two-storied house. Because of the cable, Mr. Bhat's son Sachin is unable to fly a kite from the terrace. Mr. Bhat requested the Network Company to change the position of the cable. But the company did not bother to change it. One evening, Mr. Bhat out the cable and cleared the airspace above his house. The Network Company suffered a loss of about ₹ 1000. They bring legal action against Mr. Bhat for recovery of loss suffered. DECISION:
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.
Legal principle: Whoever stores a substance that could cause damage to escape shall be absolutely liable (i.e. liable even when he has exercised necessary care) for any damage caused by the escape of the substance.
Factual situation: Union Carbide India Limited (UCIL) manufactured methyl isocyanate, an extremely toxic gas. Due to a storm, the gas that was being stored in sealed containers got released. Before much could happen, the local municipal authorities managed to contain the disaster. The authorities filed a suit against UCIL for the costs that were incurred in decontamination. However, later it was realized that the clean-up by the authorities could have been done without spending as many resources and the damage was not that significant. UCIL argued that it would pay only part of the amount demanded by the authorities, which could have dealt with the contamination. DECISION:
Apply the legal principles to the facts given below and select the most appropriate answer:
Legal Principles:
1. Vicarious liability is when employers are held liable for the torts of their employees that are committed during the course of employment.
2. A servant is a person subject to the command of his master as to the manner in which he shall do his work. The question of whether a person is an employee depends upon the degree of control which the ‘employer’ exercises over the worker.
Facts:
Raja is a travel agent and possessed certain houses, which had an internal communication throughout, and which were used for the purposes of his business. Ramesh looked after the houses and lived in them for this purpose, but he was also a clerk in the Raja’s pay at a set annual salary. He lived in the houses with his wife, a child, and a servant. The case concerned the payment of inhabited house duty. There was a statutory exemption for premises which were occupied by a "servant”or person occupying the premises “for the protection thereof. Raja was claiming the exemption from tax liability by claiming that Ramesh was the servant. Decide whether Ramesh was a servant or an independent contractor?
