CLAT Sample Paper CLAT Sample Paper-11

  • question_answer
    Principle A master will be liable for the negligent acts of his servant, in the course of employment.
    Facts Raju was a driver employed by Cosmos Company to drive their luxury buses during the night. Manu has been his assistant over a period of time. One night, when he was driving he felt terrible sleepy and he handed over the steering wheel to Manu. He dozed off.
    The bus hit against a car coming from the opposite side due to the inexperience of Manu. The owner of the car field a suit against Cosmos.

    A)  Cosmos will be liable, though it was improper on the part of Raju to ask Manu to drive

    B)        Cosmos will not be liable to pay, because Raju was not supposed to ask Manu to drive

    C)        Cosmos will not be liable, because Manu was not acting in the course of his employment

    D)        None of the above

    Correct Answer: A

    Solution :

    According to the Law of Torts on vicarious liability and the principle given here. Cosmos will be liable, though it was improper on the part of Raju to ask Manu to drive, because Raju was a driver employed by Cosmos company to drive their luxury buses and he committed this mistake during the course of employment and for the purpose Cosmos company.


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