Principles :1. An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for service. He undertakes to produce a given result and in the actual execution of the work, he is not under the direct control or directions of his employer. He may use his own discretion in execution of the work assigned. 2. In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.Facts : Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions and ultimately due to high speed an accident took place causing injuries to a person.

Question

Principles   :1. An independent contractor is one who is employed to do some work of his employer. He is engaged under a contract for service. He undertakes to produce a given result and in the actual execution of the work, he is not under the direct control or directions of his employer. He may use his own discretion in execution of the work assigned. 2. In general, an employer is not liable for the torts (wrongful acts) of his independent contractor. But, the employer may be held liable if he directs him to do some careless acts.Facts   :  Ramesh hired a taxi-cab to go to Delhi Airport. As he started late from his home, he kept on urging the taxi-driver to drive at a high speed and driver followed the directions and ultimately due to high speed an accident took place causing injuries to a person.

Examsnet · Accepted Answer

Correct Answer is : Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.

CLAT LLM 2016 Question Paper with answer key for online practice