Instructions

Each question contains some basic principles and fact situation in which these basic principles have to be applied. A list of probable decisions and reasons are given. You have to choose a decision with reasons specified by shading the appropriate answer in the space provided for it on the OMR answer sheet.

Question 179

PRINCIPLES:
(1) If A is asked to do something by B, B is responsible for the act, not A.
(2) If A, while acting for B commits a wrong, A is responsible for the wrong, not B.
(3) If A is authorised to do something for B, but in the name of A without disclosing B's presence, both A and B may be held liable.

FACTS: Somu contracted with Amar where under Amar would buy a pump set to be used in Somu's farm. Such a pump set was in short supply in the market. Gulab, a dealer, had such a pump set and he refused to sell it to Amar. Amar threatened Gulab of serious consequences if he fails to part with the pump set. Gulab filed a complaint against Amar.

Proposed Decisions
(a) Amar alone is liable for the wrong though he acted for Somu.
(b) Amar is not liable for the wrong, though he is bound by the contract with
Somu.
(c) Somu is bound by the contract and liable for the wrong.
(d) Both Somu and Amar are liable for the wrong.
Suggested Reasons
(i) Amar committed the wrong while acting for the benefit of Somu.
(ii) Amar cannot do while acting for Somu something which he cannot do while acting for himself.
(iii) Both Amar and Somu are liable since they are bound by the contract.
(iv) Somu has to be responsible for the act of Amar committed for Somu's benefit.
Your decision with the reason


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