1. PRINCIPLE: A master shall be liable for the fraudulent acts committed by his servant in the course of employment.
FACTS: Kanika opened a savings bank account with Oriental Bank, and a cousin of her by name Vishal, who was a clerk in that bank, helped her to complete the formalities. Subsequently, she used to entrust whatever money she was getting to Vishal along with her passbook and Vishal used to return the passbook with the relevant entries. One day Kanika discovered that Vishal instead of crediting the money to her account, had been misappropriating, and the entries in the passbook were made by him without authorisation. Kanika seeks compensation from Oriental Bank.
(a) Oriental Bank shall be liable, because Vishal was acting in the course of employment.
(b) Oriental Bank shall not be liable, because Vishal was not acting in the course of employment.
(c) Oriental Bank was not liable, because of Kanika’s negligence.
(d) Both Vishal and Oriental Bank are liable as Vishal is Bank’s employee.
2. PRINCIPLE: When an act is done under the authority of an Act, it is complete defence, and the injured party has no remedy except for claiming such compensation as may have been provided by the statute.
FACTS: The Delhi Metro Rail Corporation, set up under a statute of Parliament, decides to ply the Metro Rail at night. The residents of Preet Vihar, which is near the railway establishment, are disturbed, and lose their sleep due to heavy noise and sirens from the Metro Railway in the night. They want to claim compensation from the DMRC for nuisance.
(a) The DMRC has to pay compensation
(b) The DMRC is not liable
(c) The DMRC is liable, but the compensation to be paid would be as decided by the Corporation itself
(d) The DMRC is liable for any compensation fixed by the court.
The answers are: 1. (b); 2. (b).
Directions (Qs. 1 to 4): Study the following information and answer the given questions:
Eight persons A, Z, B, Y, C, X, D and E are sitting around a circular table facing the centre but not necessarily in the same order. E sits second to the right of Y. Y is not an immediate neighbour of either A or C. C sits third to the right of A. X and Z are immediate neighbours. D is not an immediate neighbour of E.
1. Who sits second to the right of the one who sits on the immediate right of D?
2. How many persons sit between A and X?
(d) Cannot be determined.
3. Who sits third to the right of E?
(d) Either Z or X.
4. What is the position of Z with respect to B?
(a) Immediate right
(b) Third to the right
(c) Fourth to the left
(d) Either (b) or (c).
1. Edward was just elected president of the Student Senate, so he must be a senior.
The statement above makes which of the following assumptions?
I. Only seniors can be members of the Student Senate.
II. Only seniors can be president of the Student Senate.
III. Only members of the Student Senate can be seniors.
(a) I only
(b) II only
(c) III only
(d) I and III only.
2. If these cabinets were built after 1975, they were not made of oak plywood.
The statement above depends upon which of the following assumptions?
(a) All cabinets made after 1975 were made of oak plywood.
(b) All cabinets made in 1975 or earlier were made of oak plywood.
(c) Only cabinets made of oak plywood were built in 1975 or earlier.
(d) No cabinets made after 1975 were made of oak plywood.
The answers are: 1. (b); 2. (d).