1. A, the managing Clerk of a firm of solicitors while acting in the ordinary course of his
business committed a fraud against B, a client. The fraud included transferring two
properties of client to the solicitor. A was hired by B in the capacity of an agent. When B
came to know about the fraud so committed by the A, B filed a case against the firm (in
the capacity of a principal) to be held vicariously liable for the act committed by its Agent,
A. Argue. !
2. X, the son obtained from his mother Y, who had authority to grant it, permission to drive
his father’s motor car (Z). X wanted the car for his own purpose, in order to drive
girlfriends to their home. Neither Z nor Y knew about the girls. On the way back, due to the
negligent driving of X, the car met with an accident and a friend who had accompanied the
party was killed. In an action by the legal representatives of the deceased man against the
Z (as the owner of the car), an issue of vicariously liable for X was raised. Argue.!
3. Mr H was returning home after representing X’s case when an accident occurred in which
A sustained serious injuries in a collision due to the negligence of Mr H who was in an
intoxicated condition at the relevant time. A case was filed against X for being vicariously
liable for the acts of Mr. H as a principal. Argue. !
4. X employed Z to construct a drain. In doing the work Z left a heap of gravel on the land on
the road. X was warned by a constable to remove the heap of gravel and he undertook to
cart the gravel away. Meanwhile, a passenger slipped up on the heap of gravel and was
injured. Considering that Z was hired as an independent contractor whether X will be
vicariously liable in the case. Argue.!
5. A, an occupier of a house hired a Z, an independent contractor to repair a lamp which was
suspended over A’s door way. After the lamp was suspended over his doorway, it fell down
on a passerby and a passerby filed a case against A to make him vicariously liable for the
act of Z. Argue !
6. In a given case, A, B and C , the partners of the firm temporarily gave their truck along with
X, a driver on hire to a transport company XYZ for transporting so certain goods. Due to
the rash and negligent driving of X, the vehicle was met with an accident and an employee
of the transport company was killed. Whether the partners can be held vicariously liable
for the acts of the driver? !
7. A’s servant, the driver of a petrol Lorry, while transferring petrol from the Lorry to an
underground tank struck a match to light a cigarette and threw it on the floor. This resulted
in the fire and an explosion causing damage to B’s property. Whether A can be held
vicariously liable? !
8. At the end of a journey A, a driver of the bus went to take his dinner. During his temporary
absence B, the conductor drove the bus in order to turn it round to make it ready for the
next journey and negligently cause an accident. Whether the master who employed A and
B will be held vicariously liable?
