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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

Ramesh, a driver employed by Sharma Logistics Pvt Ltd, negligently hit a pedestrian while delivering goods on the company's route during working hours. Under the law of torts, who can the injured pedestrian hold liable?

The pedestrian can sue both Ramesh and Sharma Logistics Pvt Ltd. The driver is personally liable for his negligence, and the employer is vicariously liable because the wrong was committed in the course of employment during working hours.

  1. AOnly Ramesh, because the act was his own
  2. BBoth Ramesh and Sharma Logistics Pvt Ltd, as the employer is vicariously liableCorrect
  3. COnly Sharma Logistics Pvt Ltd, because Ramesh is an employee
  4. DNeither, unless the company had ordered the negligent act

Explanation

Under the doctrine of respondeat superior, a master is liable for torts of a servant committed in the course of employment. The servant remains personally liable as well, so both are answerable. Option A ignores vicarious liability. Option D wrongly requires an express order.

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