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.

Legal Principles:

1. Master/ Principal is vicariously liable for the tort committed by a servant/ agent, in the performance of his duties as a 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 DECISION:

Options

• B would not be liable because the surgeon was negligent

• B would be liable because there are a master and servant relationship between B and the surgeon

• B would not be liable because there is no master and servant relationship between B and the surgeon

• B would not be vicariously liable because surgery is a highly skilled work on which B would have no control

Answer 1

B would be liable because there are a master and servant relationship between B and the surgeon

Explanation:

B would be liable because there was negligence on the part of the Hospital which is maintained by B. Here master and servant relationship is established, "B would be liable because there is master and servant relationship between B and the surgeon" is the correct answer.