AILET 2013 Question Paper with answer key for online practice

Question : 73 of 149

Marks: +1, -0

LEGAL PRINCIPLE : Master / Principal is vicariously liable for the tort committed by an servant / agent, in the performance of his duties as an servant / agent.
FACTUAL SITUATION : The plaintiff a bullion merchant was arrested by the police on a chargeof purchasing stolen goods. Some of the gold and silver ornaments were seized from the plaintiff and were kept in the police station custody. The duty constable appropriated the gold ornaments and escaped to a foreign country. The plaintiff after beingacquitted brought an action against the State for the compensation. In this case, compensation is
DECISION :

Payable as there is misappropriation by the servants of the State
Payable due to the fact that police constable has escaped to a foreign country
Payable by the police constable himself and not by the State
Not payable as the act was committed in discharge of sovereign function

Validate

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