Question:
Principle: Employer is liable for the injury caused to the employee in the course of his employment.
Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Principle: Employer is liable for the injury caused to the employee in the course of his employment.
Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Facts: X organized a party and hired a caterer. During the party, generator set went out of order and he requested one employee of caterer i.e. Y to bring the mechanic on his vehicle and promised to pay 1000 for the same to Y. Y met with an accident while going to fetch the mechanic and he seeks compensation.
This question consists of legal principle(s) (hereinafter referred to as ‘principle‘) and facts. Such proposition may or may not be true in the real and legal sense, yet you have to conclusively assume them to be true for the purposes of this section. Principles have to be applied to the given facts to arrive at the most reasonable conclusion. Only one of the alternatives, i.e., (A), (B), (C), or (D) is the most reasonable conclusion. In other words, in answering the following questions, you must not rely on any principle except the principles that are given herein below for every question. Further you must not assume any facts other than those stated in the question. The objective of this section is to test your ability in legal aptitude, study of law, research aptitude and problem solving ability even if the ’most reasonable conclusion‘ arrived at may be absurd or unacceptable for any other reason.
Updated On: Jul 15, 2026
- X is liable as Y was working in the course of employment offered by X
- X is not liable as Y is not his employee
- X is liable because party was organized by him
- Caterer is liable as Y is his employee
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The Correct Option is A
Approach Solution - 1
The correct option is (A): X is liable as Y was working in the course of employment offered by X.
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Approach Solution -2
The principle makes an employer liable for injury caused to an employee in the course of that employment. X hired a caterer for a party, and when the generator broke down, X personally asked Y, one of the caterer's staff, to fetch a mechanic on his own vehicle and promised to pay Y 1000 for doing it. Y was injured on the way and claims compensation.
- X is liable as Y was working in the course of employment offered by X: By directly instructing Y to fetch the mechanic and promising to pay Y personally for that specific task, X created a fresh, direct arrangement with Y for that errand. The accident happened while Y was carrying out exactly that task, so it occurred in the course of the employment X had offered him for it.
- X is not liable as Y is not his employee: While Y is normally the caterer's employee, this specific task came with X's own direct instruction and X's own promised payment, which placed Y under X's employment for that particular job, so the general employer employee relationship with the caterer does not settle who is liable for this errand.
- X is liable because party was organized by him: Simply having organized the party is too broad a reason on its own, X's liability here comes specifically from directly engaging Y and promising to pay him for the errand, not merely from being the host of the event.
- Caterer is liable as Y is his employee: Y's general employment by the caterer does not cover this specific task, since Y was acting on X's direct instruction and for X's promised payment, outside the caterer's control, when the accident occurred.
Because X personally directed Y to fetch the mechanic and promised to pay him for it, that specific task falls within an employment relationship X created with Y, making X liable for the injury that occurred while Y was carrying it out.
Therefore, the correct answer is X is liable as Y was working in the course of employment offered by X.
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The fact that decides this question is who was actually directing Y and paying him for the specific task at the time of the accident, not who Y ordinarily works for. X personally instructed Y to fetch the mechanic and personally promised to pay him 1000 for it, which is what created the employment relationship relevant here.
- X is liable as Y was working in the course of employment offered by X: This matches the deciding fact directly, X directly instructed Y and promised payment for this specific errand, and the accident happened while Y was carrying it out.
- X is not liable as Y is not his employee: This looks only at Y's general employment with the caterer and ignores that X created a direct arrangement with Y for this particular task, which is what actually governs the errand during which the accident occurred.
- X is liable because party was organized by him: This gives a reason that is too broad, merely hosting the party is not what created the employment relationship, it was the direct instruction and promised payment for the specific errand that did.
- Caterer is liable as Y is his employee: Y's general employment with the caterer does not cover this specific task, since Y was acting on X's direct instruction and for X's promised payment, outside the caterer's control, at the time of the accident.
Testing each option against who directed and paid Y for the actual errand, rather than against Y's general employer or the fact that X hosted the party, leaves only the option finding X liable for the course of employment he created.
Therefore, the correct answer is X is liable as Y was working in the course of employment offered by X.
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Top CLAT Legal Studies Questions
- The Indian legal system places a significant emphasis on protecting the rights and welfare of children. The Juvenile Justice (Care and Protection of Children) Act, 2015, is a vital piece of legislation in this regard. It is designed to ensure that children in conflict with the law receive special care, protection, and treatment, with the ultimate goal of their rehabilitation and reintegration into society.
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One critical aspect of online defamation is determining the liability of intermediaries, such as social media platforms or websites, for defamatory content posted by users. Section 79 of the Information Technology Act, 2000, provides a safe harbor for intermediaries, stating that they are not liable for third-party content if they act as intermediaries and follow due diligence in removing or disabling access to the content once notified.
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[Extracted, with edits and revisions from “Editors Guild of India expresses concern over draconian provisions of the Press and Registration of Periodicals Bills, 2023” published in The Telegraph dated 07-08-2023] - There are some advantages of the Digital Personal Data Protection Act (DPDPA), 2023. For instance, for the first time, personal data belonging to or identifying children will have to be classified separately, with such data carrying a greater degree of security and privacy. The law also seeks to reduce the rate and impact of data breaches targeting Indian businesses. The Digital Personal Data Protection law, however, goes a step beyond by imposing penalties for cases where data is breached as a result of a lack of implementation of adequate security controls. However, it could be said that the law isn’t balanced, because it provides wide exemptions to the processing of personal data to the government. For instance, data can be processed “in the interest of prevention, detection, investigation or prosecution of any offence … in India.” These kinds of exemptions are dangerous as they stand to legitimise widespread and unwarranted collection of data under the guise that such collection and processing may ultimately be useful for preventing or deterring a crime.
Security agencies will have significant authority to collect and retain any data whatsoever, as is typically the case with exemptions relating to the maintenance of sovereignty, integrity, security of the state, preservation of public order, prevention of offences, and incitement to commit offences. The law also exempts processing of personal data held outside of India. The government is also exempt from being required to delete any data that it possesses, regardless of the purpose it may have been collected for, on the request of an individual, or by way of a prescribed data retention period.
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[Extracted, with edits and revisions from “Digital Personal Data Protection Law Raises Questions About Consistency with Right to Privacy Ruling” published in The Wire dated 22-08-2023] - The Supreme Court on September 1 held that a child born of a void or voidable marriage can inherit the parent’s share in a joint Hindu family property. A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud however clarified that such a child would not be entitled to rights in or to the property of any other person in the family. A voidable marriage is one that is made invalid by the husband or wife through a decree. A void marriage is invalid at its very inception.
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“With changing social norms of legitimacy in every society, including ours, what was illegitimate in the past may be legitimate today. The concept of legitimacy stems from social consensus, in the shaping of which various social groups play a vital role,” Justice Ganguly, who authored the 2011 judgment, had observed.
During the hearings on the reference, Chief Justice Chandrachud had agreed with the Division Bench’s findings that children from void and voidable marriages had rights over the property, whether self-acquired or ancestral, of their parents
[Extracted with edits and revisions from “Children from void, voidable marriages entitled to parents’ share in ancestral property: Supreme Court”, by Krishnadas Rajagopal, The Hindu, https://www.thehindu.com/news/national/children-from-void-voidable-marriages-arelegitimate-can-claim-rights-in-parents-properties-sc/article67259229.ece ]
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Ex post facto laws are of three kinds as follows:(a) A law which declared some act or omission as an offence for the first time after the completion of that act or omission. (b) A law which enhances the punishment or penalty for an offence subsequent to the commission of that offence. (c) A law which prescribes a new and different procedure for the prosecution of an offence subsequent to the commission of that offence.
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Centuries hence you will find Indian children brought up to this spot, just as they visit now the Cawnpore Well, and you can imagine the feelings of these Indians for generations over this terrible business.
[Col. Wedgwood, MP, speaking in the British Parliament, 22 December 1919]
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