Tort (CLAT Legal-Aptitude): Questions 67 - 68 of 82

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Passage

RULES:

A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.

B. An employer is required to provide compensation to his or her employees for any injury caused by an accident arising in the course of employment. The words ‘in the course of the employment’ mean in the course of the work which the employee is contracted to do and which is incidental to it.

FACTS: Messiers. Zafar Abidi and Co. (Company) manufactures bidis with the help of persons known as ‘pattadars’. The pattadars are supplied tobacco and leaves by the Company and are required to roll them into bidis and bring the bidis back to the Company. The pattadars are free to roll the bidis either in the factory or anywhere else they prefer. They are not bound to attend the factory for any fixed number of bidis. The Company verifies whether the bidis adhere to the specified instructions or not the pays the pattadars on the basis of the number of bidis that are found to be of right quality. Aashish Mathew is one of the pattadars of the Company. He was hit by a car just outside the precinct of the factory while he was heading to have lunch in a nearby food-stall. Ashish Mathew has applied for compensation from the Company.

Question number: 67 (5 of 5 Based on Passage) Show Passage

» Tort

Appeared in Year: 2011

MCQ▾

Question

Which of the following statements can most plausibly be inferred from the application of the rules to the give facts?

Choices

Choice (4) Response

a.

Verification of the quality of bidis amounts to control over the product and not control over the mode and method of work and therefore, Aashish Mathew is not an employee of the Company.

b.

Aashish Mathew is an employee because the Company exercises control over the final quality of the bidis.

c.

Aashish Mathew is an employee of the Company because the latter exercises control over the manner in which Aashish Mathew carries out his work.

d.

Aashish Mathew is not an employee but an independent contractor as he does not have a fixed salary.

Question number: 68

» Tort

Appeared in Year: 2013

MCQ▾

Question

PRINCIPLES: Qui facit per alium facit per se, i. e. he who does things through others does it himself.

FACTS: Nisha, the owner of a car, asked her friend Saurabh to take her car and drive the same to her office. As the car was near her office, it hit a pedestrian Srikant on account of Saurabh’s negligent driving and injured him seriously. Now Srikant files a suit for damages against Nisha.

Choices

Choice (4) Response

a.

Saurabh will be exempted from liability under the principle of inevitable accident.

b.

Nisha is liable as Saurabh was driving under her authority and for her purpose.

c.

Saurabh is solely liable as Nisha was not driving the car.

d.

Nisha is not liable as it was the negligence of Saurabh.

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