UPSC Mains Law Paper Topic : Various Liability
Including State Liability
- “A wrong falls within the course of employment of the servant if it is necessarily incidental to something (Main) Law—Topic Wise Paper 64 which the servant is employed to do.” Explain. (94/II/Id/20)
- Even if the master cannot actually control the way in which the servant does his work, because the servant is a skilled professional who knows his job and will carry it out in his own way, he master nevertheless remains liable for the negligence of the servant. Comment. (99/II/1d/20)
- To know whether a person occupies the position of an agent or not, the law has to go by his functions and the substance of the transaction and not the parties terminology. (02/II/4b/30)
- A car diver in the course of his employment leaves the ignition keys in the car and leaves the car on a crowded road. During his absence a trespasser gets into the car and drives it causing an accident resulting into injuries to the plaintiff. The plaintiff sues the car owner in tort. Decide. (03/II/3b/30)
- “State has to answer for every wrong committed by its erring servant.” Comment. Support your answer with the help of legal provisions and decided cases. (08/II/1c/20)
- ‘A master is not responsible for a wrongful act unless it is done in the course of employment’. Comment and explain the circumstances when wrongful acts are deemed to be done “in the course of employment”. Refer to decided cases. (09/II/3b/30)
