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 181

PRINCIPLES:
(1) An employer shall be liable for the wrongs committed by his employees in the course of employment.
(2) Third parties must exercise reasonable care to find out whether a person is actually acting in the course of employment.

FACTS: Nandan was appointed by Syndicate Bank to collect small savings from its customers spread over in different places on daily basis. Nagamma, a housemaid, was one of such customers making use of Nandan's service. Syndicate Bank, after a couple of years, terminated Nandan's service. Nagamma, unaware of this fact, was handing over her savings to Nandan who misappropriated them. Nagamma realised this nearly after three months, when she went to the Bank to withdraw money. She filed a complaint against the Bank.

Possible Decisions
(a) Syndicate Bank shall be liable to compensate Nagamma.
(b) Syndicate Bank shall not be liable to compensate Nagamma.
(c) Nagamma has to blame herself for her negligence.
Possible Reasons
(i) Nandan was not acting in the course of employment after the termination of his service.
(ii) A person cannot blame others for his own negligence.
(iii) Nagamma was entitled to be informed by the Bank about Nandan.
(iv) The Bank is entitled to expect its customers to know actual position.
Your decision with the reason


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