Tort (CLAT Legal-Aptitude): Questions 79 - 80 of 82
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Question number: 79
Appeared in Year: 2016
PRINCIPLE: An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.
FACTS: Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions; and ultimately due to high speed an accident took place causing injuries to a person.
Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant.
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
Ramesh would not be liable as car was not owned by him.
Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.
Question number: 80
Appeared in Year: 2016
PRINCIPLE: Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so or to provide gratuitously, and such other person takes the benefit of that; the latter is bound to compensate the former for something done or thing provided, or to restore, the thing so delivered.
FACTS: Trader ‘P’ delivers certain eatables at Q’s house by mistake. ‘Q’ consumed the eatables without asking anything. Which of the following derivations is correct?
‘Q’ is bound to pay ‘P’ for the eatables.
‘Q’ is not bound to pay ‘P’ for the eatables.
It is the discretion of ‘Q’ to make payment to ‘P’
‘Q’ can be made liable to pay for the eatables, only if ‘P’ establishes an express contract between ‘P’ and ‘Q’.