Multiple choice

Directions: The following question contains some basic principle and fact situation in which these basic principles have to be applied. A list of probable decision and reasons are given. you have to choose a decision with reason. (1) A master shall be liable for the fraudulent acts of his servants committed in the course of employment (2) Whether an acts is committed in the course of employment has to be judged in the context of the case (3) Both master and third parties must exercise reasonable care in this regard.

Fact: Rama Bhai was an uneducated widow and she opened a S.B account with syndicate Bank with the help of her nephew by name Keshav show was at that time working as a clerk in the bank, keshav used to deposit the money of Rama Bhai from time to time and get the entries done in the passbook. After a years or so, Keshav was dismissed from the service by the bank. Being unaware of this fact Rama Bhai continued to hand over her saving to him and Keshav misappropriated them. Rama Bhai realized this only when Keshav disappeared from the scene one day and she sought compensation from the bank. Possible decision (a) Syndicate Bank shall be liable to compensate Rama Bhai (b) Syndicate Bank shall not be liable to compensate Rama Bhai (c) Rama Bhai cannot blame others for her negligence. Possible reasons (i) Keshav was not an employee of the Bank when the fraud was committed. (ii) The Bank was not aware of the special arrangement between Rama Bhai and Keshav (iii) It is the Bank's duty to take care of vulnerable customers. (iv) Rama Bhai should have checked about Keshav in he own interest.

  1. (a) (iii)

  2. (c) (iv)

  3. (b) (ii)

  4. (b) (i)

Reveal answer Fill a bubble to check yourself
C Correct answer
Explanation

Keshav was dismissed before the fraud occurred, so he wasn't acting in employment course. The bank wasn't aware of Rama Bhai's special arrangement with Keshav. Without actual or apparent authority, the bank isn't liable for Keshav's post-employment fraud. The bank had no duty to monitor private arrangements customers made with former employees.