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.In which scenario is the Master NOT liable for the Servant's act?
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Answer: Option D — The servant commits a tort while on a "frolic of his own."
Detailed Solution
Per the passage, the master escapes liability only when the act is totally unconnected to the job, a 'frolic of his own'.
Negligence, errors of judgment and doing authorised work in a forbidden way are all wrongful modes of doing authorised work, so the master stays liable in (A), (B) and (C).
⚠ Common trap
(C) Doing the work against the Master's express orders is still 'an unauthorised mode of doing some act authorised by the master', so the master is liable there.💬 Discussions on this question
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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.Which of the following is the most essential element to establish a Master-Servant relationship?
- 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?
More Legal Aptitude Questions
- Q1.Choose the correct answer from the options given below:Important Legal Terms
- Q2.Choose the correct option on the basis of the principle and fact stated below.Legal Maxims
- Q3.In light of the above statements, choose the correct answer from the options given below.Landmark Judgments
- Q4.Which Amendment added the words "Socialist" and "Secular" to the Preamble?Constitutional Law
- Q5.What does "Reasonable restrictions" mean?Fundamental Rights, DPSP and Writs
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.