question_answer

Direction: This section consists of fifty (50) questions. Follow the instructions carefully and choose the most appropriate option:

The question number 111-145 in this section consists of legal proposition(s) (hereinafter referred to as 'principle') and facts. Such principles may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purpose of this section. In other words, in answering the following 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 absurd or unacceptable for any other reason.

To answer a question, the given principle is to be applied to the given facts so as to arrive at most reasonable conclusion.

Principles:

I. A servant is one who is employed to do some work for his employer (master). He is engaged under a contract of service. He works directly under the control and Direction of his master.

II. 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.

Facts: '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'.

A) 'M' could be made liable for the act of 'C', as his (C's) act of driving the vehicle was within his scope of employment.

B) 'M' is not liable as he was not present at the time of accident.

C) 'M' could not be made liable for the act of 'C', as his (C's) act of d riving the vehicle was not in the course of his employment.

D) 'M' could be made liable for the act of 'C', as 'C' was employed under a contract of service.