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Law · Q468

Law Of Torts

Graduate and Post Graduate · Law · question 468

Q468

A car mechanic was employed by his master, the defendant, to repair cars. He repaired 'a car and then drove the car for a sort distance to check whether he had repaired the car properly or not'. In the process, he caused an accident injuring the plaintiff the master is:

A.
Liable because it was his servant who had negligently caused the accident for which he was vicariously liable
B.
Not liable because the mechanic was supposed to repair only and as such driving by him was outside his course of employment
C.
Liable because driving was necessarily incidental to the duties of the mechanic since he was duty bound to check by driving whether the repair he had done were correctly done or not
Answer
D.
Not liable because repairing and driving were two distinct acts. And the mechanic was not authorized to drive but duty-bound to repair only

Answer: Option C

Solution

Answer: Option C
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