Multiple choice

Directions: Given below is a statement of facts of a case. Following the statement are a few principles of law are given in the form of certain propositions. Apply the principles to the facts of the case and encircle the most reasonable answer out of the alternatives given:

Facts: Tiwari is a servant of Ajit. On his way to Ajit's house to report for duty, he goes to have a cup of coffee. There he sees Singh and accuses Mr. Singh of being a dishonest person. Mr. Singh wants to sue Ajit, as Tiwari is Ajit's servant. Principles:

  1. Master is liable for the wrongful acts committed by servants, in the course of their employment if third parties suffer damages in consequences.
  2. However the master is not liable if the wrongful act committed by the servant has no connection whatsoever with the servant's contract of employment.
  3. If a person by an act lowers the reputation of another in the eye of right thinking people, then the person who suffered loss of reputation can sue for damages.

  1. Ajit is a liable because Tiwari defamed Singh.

  2. Ajit is not liable as the defamation was not in the course of Twiari's employment.

  3. Ajit is liable even though the defamation was not in the course of employment.

  4. None of the above answers is correct
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The master is liable only for wrongful acts committed by servants in the course of employment. Principle 2 clearly states that if the wrongful act has no connection with the servant's contract of employment, the master is not liable. Tiwari's act of defamation occurred while he was having coffee during his personal time, not while performing duties for Ajit, so there is no connection to his employment contract.

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