Question:
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment, one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee’s job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. He was tasked with maintaining security around the restaurant and escorting guests inside. One night after G’s shift, a group of unruly passers-by initiated an altercation with G near the restaurant. Greatly upset by the altercation, G went home and got into an inebriated state. In this state, he negligently caused a fire in his home. G’s family members wish to make the restaurant liable.
Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle : An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment, one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee’s job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. He was tasked with maintaining security around the restaurant and escorting guests inside. One night after G’s shift, a group of unruly passers-by initiated an altercation with G near the restaurant. Greatly upset by the altercation, G went home and got into an inebriated state. In this state, he negligently caused a fire in his home. G’s family members wish to make the restaurant liable.
Principle : An employer is liable for the acts of their employee if a tort is committed by the employee in the course of employment.
To determine whether an act falls within the course of employment, one must look at the functions/work that the employee was tasked with and then evaluate if there was a close connection between the employee’s job function and the wrongful act in question.
Facts : G was employed as a security guard by a restaurant. He was tasked with maintaining security around the restaurant and escorting guests inside. One night after G’s shift, a group of unruly passers-by initiated an altercation with G near the restaurant. Greatly upset by the altercation, G went home and got into an inebriated state. In this state, he negligently caused a fire in his home. G’s family members wish to make the restaurant liable.
Updated On: Aug 4, 2024
- The restaurant is liable for G’s actions because G would not have had the altercation but for being present in that location due to his job
- The restaurant is liable for G’s actions because a security guard is likely to have altercations with people in the course of employment
- The restaurant is not liable for G’s actions because his acts were outside the course of employment
- None of the above
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The Correct Option is C
Solution and Explanation
The correct option is (C) : The restaurant is not liable for G’s actions because his acts were outside the course of employment.
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Top Questions on Legal Propositions and Reasonings
- Certain legal principles and specific factual situations are provided in each of the following questions. Apply the principles to the given facts and select the most appropriate answer.
LEGAL PRINCIPLE : In relation to the law of contracts, in instances where both parties to an agreement are under a mistake about a matter of fact essential to the agreement, the agreement is void.
FACTUAL SITUATION : Lakshman agrees to sell to Manu a consignment of herbal products which was supposed to be on a ship on its way from Madagascar to Mumbai. However, two days before the agreement was reached, the ship carrying the products met with an accident and all the goods were lost. Lakshman’s agent had informed Lakshman about this on the day the accident happened. Is the agreement void because of a mistake as to a matter of fact ?- AILET LLM - 2022
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LEGAL PRINCIPLE :
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2. “Misrepresentation” means and includes— the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true; any breach of duty which, without an intent to deceive, gains an advantage of the person committing it, or any one claiming under him, by misleading another to his prejudice, or to the prejudice of any one claiming under him; causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement.
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LEGAL PRINCIPLE :
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FACTUAL SITUATION : PN was the owner of a gas pipe which passed under the surface of an old railway between Ramnagar and Kotpur. XY was the local council which was responsible for a water pipe which supplied water to a block of flats in the nearby Shining Apartment Complex. A leak developed which was undetected for some time. The water collected at an embankment which housed PN’s high pressure gas main. The water caused the embankment to collapse and left the gas main exposed and unsupported. This was a serious and immediate risk and PN took action to avoid the potential danger. They then sought to recover the cost of the remedial works. PN argued that the XY Council was liable for negligence under strict liability.- AILET LLM - 2022
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The Story of Coffee
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