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.Which of the following is the most essential element to establish a Master-Servant relationship?
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Answer: Option D — The right to control the manner in which work is done.
Detailed Solution
The passage separates a servant from an independent contractor by one test: whether the master has the right to control how the work is done.
Salary, length of service and qualifications are present for contractors too, so they do not decide the relationship.
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Ask a doubtMore Law of Torts Questions
View all ›- 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?
- Q2.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?
- Q3.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?
- Q4.In which scenario is the Master NOT liable for the Servant's act?
- 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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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.