CLAT CLAT Solved Paper-2013

  • question_answer
    Directions This section consists of fifty (50) questions. Each question consists of legal propositions principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given here in 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 interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the objective of this section to test your knowledge of law.
    Principle An employer is liable for the negligence of his employee. But an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees. Facts A and B were working in a factory as unskilled labourers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died immediately.

    A)  The owner of the factory will be liable

    B)  A and the owner of the factory shall be jointly liable

    C)  The owner of the factory will not be liable

    D)  None of the above

    Correct Answer: C

    Solution :

    Ans.    According to the principle, an employer is not liable for the negligence of his employee, if the victim of such negligence is one of his other employees. In this case both A and B are the employees of same employer, so the owner of the factory will not be liable.


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