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.

• A. X is liable as Y was working in the course of employment offered by X
• B. X is not liable as Y is not his employee
• C. X is liable because party was organized by him
• D. Caterer is liable as Y is his employee

Answer 1

The Correct Option is A

The correct option is (A): X is liable as Y was working in the course of employment offered by X.