The plaintiff instructed his Banker to deposit excise duty on his behalf in the Govt. treasury and debit the current account of plaintiff. The Bank deposited the said sum in the treasury. Later the plaintiff came to know, that the said amount was embezzled by the Treasurer and the Accountant of the treasury and the amount was not credited in the name of the plaintiff. If the plaintiff brings an action against the State for damages then the State is:
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:
Principle: An occupier or owner of land owes a duty to warn a suspected trespasser of deadly conditions on the land which would be hidden to a trespasser, but of which the property owner is aware. Factual Situation: Shiva, the owner of a Fire Cracker Factory owned a large plot of land, which he used for testing his crackers. One day while he was about to set fire to some special crackers, he noticed some children wandering on his land. Shiva did not pay any attention to the children as according to him they were trespassers. He set fire to the test crackers. One of the crackers which was supposed to ignite a series of crackers up in the sky at a height of 100 metres, did not burst in the sky. Instead, it fell to the ground and exploded, injuring one of the children. In a suit for compensation initiated by the parents of the injured child, how would you decide?
Which of the following requirements form an essential element of 'course of employment' in cases of vicarious liability?
The servant's act must be:
1. Expressly or impliedly authorised by the master
2. Unauthorised manner of doing something which is authorised by the master.
3. Done to protect the interest of the master
4. Necessarily incidental to something which the servant is employed to do.
5. Done for the benefit of the master.
Select the correct answer using the given below:
PRINCIPLE: A person is liable for all the injurious consequences of his careless act. FACT: Ram, a snake charmer, was exhibiting his talents to the group of people. One of the snakes escaped and bit a child who had to be hospitalized for two days for treatment.