Tort (AILET Legal-Aptitude): Questions 5 - 6 of 29

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Question number: 5

» Tort

Appeared in Year: 2015

MCQ▾

Question

LEGAL PRINCIPLE: The master/principal is liable for all acts done by his duly appointed servant/agent for all acts done by him lawfully in the course of his employment.

FACTUAL SITUATION: A, B, C and D carried on a business in partnership. While making a deal with another company, B bribed the clerk there. Is the partnership firm vicariously liable?

Choices

Choice (4) Response
a.

No, as this act was not authorized by the others.

b.

No, as bribing is not in course of employment of the partners.

c.

Yes, as B can be said to have implied authority for the same.

d.

Yes, as partners are agent of the firm.

Question number: 6

» Tort

Appeared in Year: 2015

MCQ▾

Question

PRINCIPLES: 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.

Choices

Choice (4) Response
a.

M will succeed, because the driver was anyhow duty-bound to drive carefully.

b.

M will succeed, because he got into the bus without realizing that it was PUL bus.

c.

M will not succeed, because it was for him to find out whether it was a public transport.

d.

PUL is not liable as the bus met with an accident due to driver’s negligence.

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