Tort (AILET Legal-Aptitude): Questions 7 - 8 of 29

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Question number: 7

» Tort

Appeared in Year: 2013

MCQ▾

Question

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

FACTUAL SITUATION: A gave some cash and cheques to his friend B, who was an employee of the State Bank of India, to deposit the same in that Bank in the account of A. B misappropriated the amount. If A sues the Bank for damages, then the Bank is

Choices

Choice (4) Response

a.

Liable to pay because it was the employer of B

b.

Not liable because he turned out to be the friend of the plaintiff’s husband

c.

Liable to pay because the employee did it during business hours and while working as an employee

d.

Not liable because while committing the fraud, he was not acting as the agent or employee of the Bank

Question number: 8

» Tort

Appeared in Year: 2013

MCQ▾

Question

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:

Choices

Choice (4) Response

a.

B would not be liable because there is no_ master and servant relationship between B and the surgeon

b.

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

c.

B would not be liable because the surgeon was negligent

d.

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

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