CLAT (Common Law Admission Test) Legal-Aptitude: Questions 943 - 944 of 1064

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Question number: 943

» Tort

MCQ▾

Question

PRINCIPLEs: A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and directions of his master.

In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.

FACTS: ‘M’ appointed ‘O’ exclusively for the purpose of driving his tourist vehicle. ‘M’ also appointed ‘N’ exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, ‘N’, while ‘O’ was not on the driver’s seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured ‘P’.

Choices

Choice (4) Response

a.

‘M’ is not liable as he was not present at the time of accident.

b.

‘M’ could be made liable for the act of ‘N’, as his (N’s) act of driving the vehicle was within his scope of employment.

c.

‘M’ could be made liable for the act of ‘N’, as ‘N’ was employed under a contract of service.

d.

‘M’ could not be made liable for the act of ‘N’, as his (N’s) act of driving the vehicle was not in the course of his employment.

Question number: 944

» Criminal Law

Appeared in Year: 2016

MCQ▾

Question

PRINCIPLE: Existence of all the alleged facts is relevant, whether they occurred at the same time and place or at different times and places.

Facts: ‘P’, a citizen of England, is accused of committing murder of ‘Q’ in India by taking part in a conspiracy hatched in England.

Choices

Choice (4) Response

a.

The facts that ‘P’ citizen of England is accused of commission of murder in India and of conspiracy hatched in England are relevant facts.

b.

‘P’ citizen of England cannot be tried in India.

c.

Only the fact that ‘P’ is accused of conspiracy hatched in England is relevant.

d.

Only the fact that ‘P’ citizen of England is accused of committing murder of ‘Q’ in India is relevant.

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