1. PRINCIPLE: The employer is liable for the tortious act of the employee provided that such wrongful act occurs within the course of the employee’s performance of the employer’s business or orders.
FACTS: The crane driver of Company A is negligent at work and loses control of the crane and grievously injures two pedestrians walking on the road. The pedestrians sue Company A for the accident.
(a) A remedy in tort is not available against companies because companies have limited liability, and therefore, the heirs would have to sue the crane driver since he negligently caused the accident.
(b) Company A can be sued for employing a negligent driver but would not be vicariously liable for causing grievous injuries to the pedestrians.
(c) Company A and the driver are not liable as this was a pure case of accident.
(d) Company A would be vicariously liable for the grievous injuries that the crane driver negligently caused to two pedestrians.
2. PRINCIPLE: Volenti non fit injuria i.e., when a person consents to the infliction of some harm upon himself; he has no remedy for that in Torts.
FACTS: Ram went to see a motor car race being held at Brooklands on a track owned by Suresh. During the race, there was a collision between two cars, one of which was thrown among the spectators, thereby injuring Ram.
(a) Ram can claim damages from Suresh.
(b) Ram cannot claim damages from Suresh because he impliedly took the risk of such injury.
(c) Ram had only knowledge of risk but he had not given his consent to inflict harm.
(d) None of the above.
The answers are: 1. (d); 2. (b).
Directions (Qs. 1 and 2): Answer the questions based on the information given below:
Prakash, Pratap, Praveen and Pranay are either a painter, actor, writer or author, not necessarily in that order. At that moment, each one of them is carrying a certain item i.e. Pen, Glasses, Coat and Hat. No two of them share the same profession or carry the same item.
Following information is also known about them:
1. The author is carrying glasses.
2. Praveen is not a painter but is carrying a pen.
3. Pranay is a writer but is not carrying a hat.
4. Prakash is neither a painter nor an actor.
1. Who is carrying a hat?
2. Which of the following is the right combination?
The answers are: 1. (d); 2. (c).
1. Russia’s aggressive fishing in the prime fishing grounds of the Northern Pacific has led to a sharp decline in the population of many fish and a general increase in the retail price of fish. This same pattern has occurred with far too many of our scarce vital natural resources resulting in high prices for many products. It is likely then, that fish prices will continue to rise in the near future. In making the argument above, the author relies on all of the following assumptions except
(a) The scarcity of fish is a determining factor in its price
(b) The decline in the number of fish available will result in higher price of fish in the stores
(c) There will not be any substantial decrease in other costs involved in the fishing process that could keep the price of fish from increasing
(d) Fishing practices can substantially influence the demand for fish.
2. Testifying before the High Court that was investigating charges that cigarette manufacturers had manipulated nicotine level in cigarettes in order to addict consumers to their products, tobacco executives argued that cigarette smoking is not addictive. The primary reason they gave in support of this claim was that cigarette smoking was not regulated by the food and drug control department. For tobacco executives’ argument to be logically correct, which of the following must be assumed?
(a) Substances that are addictive are not regulated by the food and drug control department
(b) The tobacco executives lied when they claimed that cigarette smoking was not addictive
(c) Some addictive substances are not regulated by the food and drug control department
(d) Substances that are not regulated by the food and drug control department are not addictive.
The answers are: 1. (c); 2. (d).