All India Bar Examination (AIBE) 2-II Previous Year Question Papers with Answers

Practice Mode:
90.

The crane driver of Company A is negligent at work and losses control of the crane and grievously injures two pedestrians walking on the road. The pedestrians sue Company A for the accident. Which of the following statements is the most accurate application of the principle below ?


Principle :

The employer is liable for the tortuous act of the employee provided that such wrongful act occurs within the course of the employee's performance of the employer's business or orders.
A: A remedy in tort is not available against companies because companies. Have limited liability, and therefore, the heirs would have to sue the crane driver since he negligently caused the accident.
B: Company A can be sued for employing a negligent driver but would into be vicariously liable for causing grievous injuries to the pedestrians.
C: Company A cannot be held liable for the negligence of the two pedestrians.
D: Company A and the driver are not liable as this was a pure case of accident.
E: Company A would be vicariously liable for the grievous injuries that the crane driver negligently caused to the two pedestrians.

The answer is: E

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Explanation

The most accurate application of the principle provided is option E: Company A would be vicariously liable for the grievous injuries that the crane driver negligently caused to the two pedestrians.

Explanation:

The principle stated in the question establishes that an employer can be held liable for the wrongful acts of its employees if those acts occur within the course of the employee's performance of the employer's business or orders. In this scenario:

• The crane driver is an employee of Company A.
• The crane driver's negligent act occurred while operating the crane, which is part of Company A's business.

Given these facts, Company A can be held vicariously liable for the actions of its employee, the crane driver, because his wrongful act (losing control of the crane and injuring pedestrians) occurred while he was performing Company A's work. Therefore, the injured pedestrians can sue Company A for the accident, seeking compensation for the injuries caused by the negligent crane driver.

Option E accurately reflects this principle and the situation described in the scenario.