Legal IQ

Legal IQ

Q 1 to 4: Choose the most appropriate answer:
1. Principle: A master is liable for the wrongful acts of his servants committed in the course of employment.
Factual Situation: An employer asked his servant to deliver a letter at a friend’s residence. After delivering the letter, while the servant was going back to his work place, found another friend standing at a shop by the side of the road. To meet the friend, he stopped the cycle. After meeting the friend, he proceeded towards his work place. Suddenly, his bicycle hit a boy who jumped on to the road. The boy sustained injuries.

(a) The employer is not liable as his employee stopped the cycle for an unofficial purpose and the delay was the cause of the accident.
(b) The employer is not liable as the servant was returning after delivering the letter as directed by the employer and hence not in the course of his employment.
(c) The employer is not liable as the servant might not have been careful in using his cycle.
(d) The employer is liable as the accident took place in the course of the employment of the servant.

2. Principle: Every manufacturer of consumable articles is liable to take care to manufacture such articles with due care and without negligence so that the ultimate consumer is not adversely affected by the products.
Factual Situation: A, with the intention of buying a pair of shoes, went to a retail shop and asked for a pair of shoes. The retailer gave A, a pair of shoes manufactured by Z & Co., to try out. While trying to put on the shoes A’s leg was cut by a nail that was inside the shoes, left by workers of the manufacturing company. A sustained injuries and had to be treated in a hospital. A wants to file a case against Z & Co.

(a) Z & Co. is not liable as A has not bought the pair of shoes.
(b) Z & Co. is liable as A was given the pair of shoes to try out by the retailer without checking the same.
(c) Z & Co. is liable as A was a prospective buyer and hence the company is liable.
(d) Z & Co. is not liable as shoes is not an article for consumption.

3. Principle: No person has a remedy if he has himself consented or volunteered to incur the risk.
Factual Situation: A and B are workers in the Metro Rail construction working in two different sections. One day both of them decided to go for a movie at 6:00 pm, after their work. A completed the task assigned to him by the management by about 5:00 pm while B could not complete his work even at 5:30. B requested A to help him to complete the work so as to enable them to go for the movie as planned. A agreed and started work. Suddenly an electrical transformer at the work site exploded and both A and B got injured. Both A and B claim compensation for the injury from the employer.

(a) Neither A nor B will get any compensation because the injury was due to the explosion of an electrical transformer.
(b) A will not get any compensation as he lakes a risk to assist B.
(c) A will get compensation because B asked A to assist him and hence A did not take any risk voluntarily.
(d) Both A and B will get compensation as both of them were working for their employer.

4. Principle: Everybody is under a legal obligation to take reasonable care to avoid acts or omissions which one can foresee would injure his neighbour.
Factual Situation: A, while rushing to catch a moving bus pushed B, a stranger, who was walking ahead of A with a heavy packet. As a result B fell down and a precious glass chandelier in the packet completely got shattered into pieces. B files a suit for compensation from A.

(a) A is not liable because he did not foresee that the packet contained any breakable item.
(b) A is not liable because B was not his neighbour.
(c) A is liable as he should not have rushed towards a moving vehicle.
(d) A is liable as he was under an obligation not to push B.

Answers: 1. (d), 2. (c), 3. (b), 4.(d)

The answers are suggestive. Kindly verify from the basic documents and recommended text book in case of doubts.

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