Question:
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 the employer – employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION : David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident free record. David’s younger brother wanted to join the same company as a driver. He obtained a Learner’s Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and wanted to have more practice before the driving test. He requested his brother David for using the Company’s car for two days. David allowed him to use the office car for the practice. While he was practising driving, a truck came from the wrong side, hit the company’s car driven by David’s brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
DECISION :
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 the employer – employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION : David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident free record. David’s younger brother wanted to join the same company as a driver. He obtained a Learner’s Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and wanted to have more practice before the driving test. He requested his brother David for using the Company’s car for two days. David allowed him to use the office car for the practice. While he was practising driving, a truck came from the wrong side, hit the company’s car driven by David’s brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
DECISION :
LEGAL PRINCIPLE : In the employer – employee relationship, the employer is held liable for all the wrongs committed by his employees in the course of employment.
FACTUAL SITUATION : David was employed as a Driver in ABC & Co over the past 15 years and has been appreciated by the General Manager for his hard work and sincerity. He has been rewarded by the company for his accident free record. David’s younger brother wanted to join the same company as a driver. He obtained a Learner’s Licence, joined a Driving School and was learning driving during the last three months. He was on the verge of completion of the training and wanted to have more practice before the driving test. He requested his brother David for using the Company’s car for two days. David allowed him to use the office car for the practice. While he was practising driving, a truck came from the wrong side, hit the company’s car driven by David’s brother, which in turn hit a pedestrian and injured him. The pedestrian sues the company for damages.
DECISION :
Updated On: Aug 5, 2024
- The Company is not liable as it was driven by his David’s brother
- The Company is liable as David allowed his brother to drive the car.
- David’s brother is personally liable.
- The Company can shift the responsibility on to the truck driver.
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The Correct Option is B
Solution and Explanation
The correct option is (B): The Company is liable as David allowed his brother to drive the car.
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