Legal Principle: 1. A servant is one who is employed to do some work for his employ er (master). He is engaged under a contract of service. He works directly under the control and directions of his master. 2. In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.Factual Situation: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'. (CLAT 2016)

🎲 Try a Random Question  |  Total Questions in Quiz: 566  |  🧠 Study this quiz with Flashcards
This question is part of a full practice quiz:
Legal Aptitude Test — practice the complete quiz, review flashcards, or try a random question.

Each question consists of legal principle(s) (hereinafter 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. You have to apply the principles 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. Remember: you must not rely on any principle except the principles that are given for every question.

Legal Principle: 1. A servant is one who is employed to do some work for his employ er (master). He is engaged under a contract of service. He works directly under the control and directions of his master. 2. In general, the master is vicariously liable for those torts (wrongful acts) of his servant which are done by the servant in the course of his employment.<br>Factual Situation: 'M' appointed 'D' exclusively for the purpose of driving his tourist vehicle. 'M' also appointed 'C' exclusively for the purpose of performing the work of a conductor for the tourist vehicle. During one trip, at the end of the journey, 'C', while 'D' was not on the driver's seat, and apparently for the purpose of turning the vehicle in the right direction for the next journey, drove it through the street at high speed, and negligently injured 'P'. (CLAT 2016)






ADVERTISEMENT