| Each question consists of legal principle(s) (here-in-after referred to as 'principle') and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e. [a], [b], [c] or [d] is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle 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 ability in legal aptitude, study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be absurd or unacceptable for any other reason. |
| Principle An employer is liable for an injury caused to an employee in the course of the employment. |
| Facts 'A' and 'B' were working in a factory as unskilled laborers. 'A' was carrying a basket of stones on his head. 'B' was sitting on the ground. When 'A' crossed 'B', all of a sudden a stone fell down from the basket and hit 'B' on his head. 'B' died instantaneously. |
A) The employer will be liable
B) The employer will not be liable
C) 'A' will be liable
D) Both employer and 'A' will be liable
Correct Answer: A
Solution :
Sol. [a] According to the principle, an employer is liable for an injury caused to any employee in the course of the employment. As, 'A' and 'B' were both employed and the incident happened during the course of the employment, the employer will be liable of the act.
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