AILET 2016 LLM Question Paper with answer key for online practice

Question : 72 of 100

Marks: +1, -0

The owner of a van put notice on the van to the effect that no unauthorised person is allowed on the van, the driver cannot give lift to any person and that the owner would not be liable for the damages to any unauthorised person on the van. The driver nevertheless, gave lift to A, an unauthorised person, who was killed owing to the driver’s negligence. The owner

Can take the defence of Volenti non fit injuria and will not be liable as A himself took the risk of injury
Will not be liable because though the driver was doing his duty in driving the van, his giving lift to A was outside the course of employment
Will be liable because the act of merely putting a notice on the van does not exempt the owner of his vicarious liability for the tortious acts done by his driver
Will be liable because his driver acted well within the course of his employment when he gave lift to A

Validate

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