Doubtful Distracted Driver: Vicarious Liability?
torts clat_pg advanced mcq_debateSachin and I were discussing a Torts MCQ for CLAT PG prep. Here's the question: Raghav was driving his friend's car when he crashed into our friend who was on a bike. The car's owner had given Raghav permission to drive the car but had specifically told Raghav not to drive fast.
Sachin says owner is vicariously liable because Raghav was driving with permission. But I strongly disagree. Owner told Raghav not to drive fast, so Raghav was driving negligently and owner shouldn't be liable for Raghav's mistakes. What do you guys think? Should owner be vicariously liable, or not?
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Mujhe lagta hai, jo situation hai, yeh kaha ja sakta hai ki owner bhi responsible ho sakta hai under law of vicarious liability. Lekin, iska scope shayad limited ho sakta hai, kyunki owner ki koi involvement ya knowledge nahin di gai hai. Abhi toh yeh case depend karta hai kai faactoron par, jaise ki owner ki relation owner-driver, driver's intentions, aur evidence ka presence-hotepan.