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AILET 2016 BA LLB Question Paper with answer key for online practice

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Question : 77

Total: 150

LEGAL PRINCIPLE : In the employer - employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION : David was employed as a Driver in ABC & Co over the past 15 years andhas been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident free record. David’s younger brother wanted to join the same company as a driver. He obtained a Learner’s Licence, joineda Driving School and was learning driving during the last three months. He was on the verge of completion of the training and appear for the Driving test. He wanted to have more practice before the test and requested his brother David for using the Company’scar for two days. David also allowed him to use the office car for the practice. While he was practising driving, a truck came from the wrong side, hit the company’s car driven by David’s brother, which in turn hit a pedestrian and injured him. The pedestriansues the company for damages.
DECISION :

The Company is not liable as it was driven by David’s brother
The Company is liable as David allowed his brother to drive the car
David’s brother is personally liable
The Company can shift the responsibility on to the truck driver

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