Question 2 of 8 · Law of Torts
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MAH LLB 3 Year CET 1 April Shift 2 2026

Read the passage and answer the question.Vicarious Liability is a legal principle where one person is held liable for the tort committed by another. This typically occurs in a "Master-Servant" relationship. For the Master to be held liable, two conditions must be met: (1) There must be a formal master-servant relationship, and (2) The tortious act must be committed by the servant "in the course of employment."An act is considered within the "course of employment" if it is either a wrongful act authorised by the master, or a wrongful and unauthorised mode of doing some act authorised by the master. However, if a servant performs an act that is totally unconnected to their job (a "frolic of their own"), the master is not liable. Furthermore, an independent contractor is different from a servant; a master is generally not liable for the torts of an independent contractor because the master lacks the right to control how the work is done.A school hires a private bus company to transport students. The bus driver, employed by the bus company, drives negligently and injures a student. Who is vicariously liable?

Answer View answer ▾

Answer: Option B — The Bus Company, as the driver is their servant.

Detailed Solution

1

Find the master: the driver is employed and controlled by the bus company, so he is the bus company's servant.

2

For the school the bus company is an independent contractor; the school has no right to control how the driver drives.

3

The negligent driving happened while doing his job, so the bus company is vicariously liable.

⚠ Common trap

(C) Both the School and the Bus Company ignores the passage's rule that a master is generally not liable for the torts of an independent contractor.

Quick tip

Ask who controls HOW the work is done: that employer is the master; the hirer of a contractor is not liable.

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More Law of Torts Questions

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  1. Q1.A, a truck driver employed by B, was instructed to deliver goods to a warehouse. While driving, A took a short detour to buy a gift for his wife and hit a pedestrian. Is B liable?
  2. Q2.X, a bank security guard, is strictly forbidden from handling cash. One day, to help a busy teller, X takes cash from a customer to deposit it but steals it instead. Is the bank liable?
  3. Q3.Which of the following is the most essential element to establish a Master-Servant relationship?
  4. Q4.In which scenario is the Master NOT liable for the Servant's act?
  5. Q5.Legal Principle: A person who enters another's property without permission commits trespass. Facts: R enters S's farmland without consent to take a shortcut. Question: Who is liable based on the principle?

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  3. Q3.In light of the above statements, choose the correct answer from the options given below.Landmark Judgments
  4. Q4.Which Amendment added the words "Socialist" and "Secular" to the Preamble?Constitutional Law
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Law of Torts — Preparation

This question tests your understanding of Law of Torts, a key topic in the Legal Aptitude section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

Law of Torts is part of the Legal Aptitude & Legal Reasoning section of MAH LAW CET (32 questions in the 5-year LLB paper, 24 in the 3-year paper). Topics: General defences, vicarious liability, strict and absolute liability, torts in relation to persons and nuisance. Practise Law CET-level MCQs with step-by-step explanations.