| 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 Master is liable for the acts of his servant done in the course of his duties. |
| Facts 'X' hired an employee Y in his in-charge who received construction material and gave receipts for the material received by him. 'Z' claimed payment for cement supplied to 'X' which was duly received by Y. 'X' denied the payment on the ground that he has only received half of the material and the balance was misutilised by the employee Y. |
A) 'X' is liable for the entire amount
B) 'X' is liable for the part amount only i.e. for payment of the cost of half of the material
C) 'X' is not liable for the misconduct/embezzlement of his employee
D) 'Z' can claim the balance payment only from T
Correct Answer: A
Solution :
Sol. [a] As per the principle, 'X' is the master who hired 'V in his construction business and 'y had received the cement from 'Z' in the course of doing his duties. Therefore, 'X' being the employer (master cannot remove himself from the liability of making payment to 'Z'.
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