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.
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)
The Correct Option is A
Solution and Explanation
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.
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Questions Asked in CLAT exam
- In a language laboratory, students were given an interesting puzzle involving the word "ELECTROCARDIOGRAPH." The teacher explained that such exercises not only test logical skills but also sharpen attention to detail. According to the challenge, the word had to undergo a series of transformations. First, the class was asked to take the first half of the letters, reverse their order and make the arrangement of letters look quite different from the original. Next, the students were told to identify the last but one letter of the original word and place it at the very beginning, a step that changed the opening appearance of the sequence completely. Finally, as a finishing touch, they had to add the letter 'S' at the end. Following these steps carefully would lead them to the correct transformed word, and only those who adhered to each condition in the exact order could solve the puzzle successfully. (150 words)
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On the night of October 12th, the "Sunburst Medallion" was stolen from the highly secured display case in the city museum. The theft occurred sometime between the museum closing at 10:00 PM and the night guard, Mr. Hemant, completing his final round at 1:00 AM. Three primary suspects were identified, all of whom had recently been dismissed from their museum positions: Anjali, the former curator; Bharat, the former security expert; and Chitra, the former exhibits designer.
Here are the established facts and their alibis:
- The security system logs show that the display case was opened using a specific five-digit code, which only Anjali and the museum director (who was out of the country) knew.
- Bharat's alibi is that he was at a distant relative's birthday party from 8:00 PM to 1:30 AM. Multiple independent witnesses confirmed his presence throughout the entire period.
- Chitra's alibi is that she was working late at a downtown graphic design studio. A time-stamped security camera from the studio's entrance shows her entering at 7:00 PM and exiting at 11:45 PM. The studio is a 20-minute drive from the museum.
- Mr. Hemant, the night guard, stated he checked the medallion at 10:30 PM, and it was still there.
Further investigation revealed that a small, distinctive silver button was found near the display case. Anjali is known to frequently wear a coat with similar unique silver buttons. The security expert, Bharat, had previously boasted that he could remotely disable a certain type of magnetic lock—the same type used on the medallion's case—without needing the code, though the log suggests the code was used. (269 words)
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In a small town lived a close-knit family where every relation could be expressed through simple symbols. For instance, when they said \( A \times B \), it meant \( A \) is the father of \( B \), while \( A \div B \) meant \( A \) is the mother of \( B \). The younger ones were often introduced with \( A + B \), meaning \( A \) was the daughter of \( B \), and the bond of brotherhood was shown by \( A - B \) (A is brother of B).
One day, the children in the family turned these symbols into a playful code. Instead of introducing their parents and siblings in words, they spoke only in symbols. “Look,” giggled little Meena, “\( M + N \div O \)!” Everyone laughed, because they knew it meant Meena was the daughter of \( N \), and \( N \) was the mother of \( O \), making her \( O \)’s sister. What started as a code soon became a family game, making the bonds of father, mother, daughter, and brother not just relations, but symbols of love and togetherness. (165 words)
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The final schedule must adhere to the following rules:
- Rule 1 (Consecutive Play): The Green team (G) must play their two matches in consecutive rounds.
- Rule 2 (Fixed Appearance): The Yellow team (Y) must play in Round B.
- Rule 3 (Positional Constraint): The Red team (R) must play against the Blue team (B) in a round that is immediately before a round in which neither R nor B is playing.
- Rule 4 (Timing): The Blue team's (B) first match must occur in an earlier round than the Green team's (G) first match.
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(193 words)
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Health insurance plays a vital role in ensuring financial protection and access to quality healthcare. In India, however, the extent and nature of health insurance coverage vary significantly between urban and rural areas. While urban populations often have better access to organized insurance schemes, employer-provided coverage, and awareness about health policies, rural populations face challenges such as limited outreach of insurance schemes, inadequate infrastructure, and lower awareness levels. This urban-rural divide in health insurance coverage highlights the broader issue of healthcare inequality, making it essential to analyze the factors contributing to this gap and explore strategies for more inclusive health protection. A state-level health survey was conducted.
The survey covered 1,80,000 adults across urban and rural areas. Urban residents formed 55% of the sample (that is, 99,000 people) while rural residents made up 45% (that is, 81,000 people). In each area, coverage was classified under four heads – Public schemes, Private insurance, Employer-provided coverage, and Uninsured. In urban areas, Public coverage accounted for 28% of the urban population, Private for 22%, Employer for 18%, and the remaining 32% were Uninsured. In rural areas, where formal coverage is generally lower, Public coverage stood at 35%, Private at 10%, Employer at 8%, while 47% were Uninsured.
For this survey, “Insured” includes everyone covered by Public + Private + Employer schemes, and “Uninsured” indicates those with no coverage at all. Officials noted that public schemes remain the backbone of rural coverage, while employer and private plans are relatively more prevalent in urban centres. (250 words)
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