AILET 2013 Question Paper with answer key for online practice

Question : 76 of 149

Marks: +1, -0

LEGAL PRINCIPLES :
1) Master/Principal is vicariously liable for the tort committed by an servant / agent, in the performance of his duties as an servant / agent.
2) Negligence is the omission to do something which a reasonable man, guidedupon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent or reasonable man would not do.
FACTUAL SITUATION : A patient is brought to a hospital maintained by B. The patient is to beoperated upon. As a result of faulty oxygen supply, the patient dies on the operation theatre table, then
DECISION :

B would not be liable because the surgeon was negligent
B would be liable because there is master and servant relationship between B and the surgeon
B would not be liable because there is no master and servant relationship between B and the surgeon
B would not be vicariously liable because surgery is a highly skilled work on which B would have no control

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