CLAT CLAT Solved Paper-2018

  • question_answer
    Legal Principle An employer is liable for the act of his servant performed during the course of employment.
    Fact Situation While working as a driver for Verma, Alok sometimes used to earn some side income by carrying parcels for others in Verma's car without his knowledge or permission, While going to pick Verma from the airport one day, Alok stopped to deliver a parcel he was carrying with him. While he was delivering the parcel, which unknown to him was one of contraband goods, the police arrested Alok.
    Which of the following statements is the most appropriate in relation to the legal principle stated above?

    A) Verma is liable for the act of Alok since he is Verma's driver.

    B) Verma is liable for the act of Alok since he had gone to pick Verma from the airport.

    C) Verma is not liable for the act of Alok since Alok himself did not know that he was carrying contraband goods.

    D) Verma is not liable for the act of Alok since carrying the parcel was not in the course of his employment.            

    Correct Answer: D

    Solution :

    Sol.      As per the given Legal Principle, an employer is liable for the act of his servant performed during the course of employment. In the Fact situation Alok has been employed by Verma as his driver. Although, Verma is unaware with illegal work of his driver Alok, but according to the given Legal Principle it is due responsibility of Verma to keep vigilance on his employee during the course of employment. Alok was arrested with contraband goods while he was going to pick Verma from Airport which is the course of his employment. Thus, Verma is liable for the act of Alok.


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