question_answer

Direction: This section consists of fifty (50) questions. Each question consists of legal propositions/principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. \n other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, You must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. \t is not the object of this section to test your knowledge of law.

Principle: Master is liable for the wrongful acts committed by his servant; provided the acts are committed during the course of employment.

However, the master is not liable if the wrongful act committed by his servant has no connection, whatsoever, with the servant's contract of employment.

Facts: 'D' is a driver employed by 'M', who is the owner of a company. During the lunch time, 'D' goes to a closeby tea shop to have a cup of tea. There he ['D'] picks up fight with the tea shop owner (T), which resulted in some damage to his shop. T wants to sue 'M' for claiming compensation for the damage caused by the fight.

Which of the following derivations is CORRECT?

A) 'M' will be liable because 'D' is his servant

B) Both 'M' and 'D' will be liable

C) 'M' will not be liable because the wrongful act (picking up fight) was not committed in the course of D's employment

D) 'M' will be liable albeit the wrongful act (picking up fight) was not committed in the course of D's employment