Question

Principles: 1. If A is asked to do something by B, B is responsible for the act, not A.
2. If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
3. If A is authorized to do something for B, but in the name of A without disclosing B’s presence, both A and B may be held liable.
Facts: Somu contracted with Amar where Amar would buy a pump set to be used in Somu’s farm. Such a pump set was in short supply in the market. Gulab, a dealer, had such a pump set and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he failed to part with the pump set. Gulab filed a complaint against Amar.
Proposed decision:
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.
Suggested reasons:
(i) Amar committed the wrong while acting for the benefit for Somu.
(ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
(iii) Both Amar and Somu are liable since they are bound by the contract.
(iv) Somu has to be responsible for the act Amar committed for Somu’s benefit.

• (a) (i)
• (a) (ii)
• (c) (iii)
• (d) (iv)

Answer 1

The Correct Option is A

To solve this problem, we need to apply the given principles to the scenario described in the facts.

Principles Analysis:
1. If A is doing something on instruction of B, B is responsible, not A.
2. If A commits a wrong while acting on behalf of B, A is responsible, not B.
3. If A is doing something for B but conceals B's involvement, both can be liable.

Fact Analysis:
Amar, on behalf of Somu, attempted to buy a pump set from Gulab, who refused the sale. Amar then threatened Gulab, committing a wrong act.

Application:
According to Principle 2, Amar’s act of threatening Gulab is a wrong committed while acting for Somu. Therefore, although Amar was acting for Somu, he is responsible for his own wrongful act.

Decision: The correct proposed decision is that Amar alone is liable for the wrong though he acted for Somu.

Justification: Amar committed the wrong while acting for the benefit of Somu (Reason i), making option (a) (i) the correct choice.