The defendant company has given instructions to the driver of its vehicle not to allow any unauthorised person to board the vehicle. A similar information was pasted on the vehicle itself stating that no unauthorised person was permitted to travel in the vehicle. The driver allowed an unauthorised passenger to board and drove negligently causing an accident in which the unauthorised passenger was killed. The company is:

A) Liable because the driver was negligent in permitting the deceased to travel for which the company was vicariously liable B) Not liable because by violation the instructions of the company, the driver was acting outside his course of employment C) Liable because mere pasting of information the unauthorised travel was not permitted does not negate liability of the company D) Not liable because the passenger himself had voluntarily chosen to travel in the vehicle unauthorisedly

Answer & Solution

Correct Answer: Option B

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