Ansaric
EXAMPLE 30
LEGAL PRINCIPLE: The State is liable for the
nature, in the same manner and under the same
conditions as any other employer. The State is no
liable when the act is in exercise of sovereign por
or in performance of an Act of State.
FACTUAL SITUATION: An army truck was dan
by a military driver. 'A' and was proceeding on dus
carry the army men on duty at different military pes
The truck hit a civilian, 'B' and caused material
in
The fact showed that the injury was caused due to al
and negligent driving of A. The injured civilian brought
a suit in tort against the Union of India. The suit
(a) Will succeed on the principle of qui facit
alium facit per se.
(b) Will
succeed
the
master-servant
relationship between the Union of India and
the military driver.
(c) Will fail as Union of India did not ratify rash
and negligent driving.
(d) Will fail as the incident occurred in the
discharge of sovereign functions of the State.
Answers
Explanation:
Ansaric
EXAMPLE 30
LEGAL PRINCIPLE: The State is liable for the
nature, in the same manner and under the same
conditions as any other employer. The State is no
liable when the act is in exercise of sovereign por
or in performance of an Act of State.
FACTUAL SITUATION: An army truck was dan
by a military driver. 'A' and was proceeding on dus
carry the army men on duty at different military pes
The truck hit a civilian, 'B' and caused material
in
The fact showed that the injury was caused due to al
and negligent driving of A. The injured civilian brought
a suit in tort against the Union of India. The suit
(a) Will succeed on the principle of qui facit
alium facit per se.
(b) Will
succeed
the
master-servant
relationship between the Union of India and
the military driver.
(c) Will fail as Union of India did not ratify
Answer:
A
Explanation:
will succeed master servant