ABSTRACT
The situation of independent contractors under vicarious liability is commonly examined and thus it is important to clarify the position of the various defendants, so look for tell-tale signs and clues. However, there are some situations in which an employer is liable for the torts of an independent contractor. One of the situations that may be relevant as regards common law non-delegable duties is where the independent contractor is employed to carry out work that is extra-hazardous. This question requires you to consider the developments in the law of vicarious liability and examine whether they are sound and logical. The logical development of the case law has been shaped by strong policy considerations that justify vicarious liability. It is important to emphasise that vicarious liability is not a tort in its own right but a means of holding an employer liable to pay compensation where there has been a tort committed by one of its employees.
