Dilemma in Vicarious Liability
torts ts_lawcet beginner mcq_debateKavi says: In a case where a company hires an independent contractor, but the contractor's employee causes harm to a third party, the company is still liable under the doctrine of respondeat superior.
Not so, says me. The company cannot be held liable as the contractor is an independent entity, not an employee of the company.
To be or not to be liable, that is the question. The Indian Contract Act 1872 states a principal can be liable for the acts of independent contractors, but is it always the case? Do we consider the intent of the parties, or is the law strict in its application?
What do you guys think? MCQ time!
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Additional_info: Dilemma in Vicarious Liability - Yeh hua toh koi bhi company ya organization, jab unke employee ki karya mein koi galatfaam hone par unke pe vatan hai. Lekin ismein confusion yeh hoti hai ki kitne bade employee ka iska application hoga. Agar employee ki salary bhi company ka payment hai toh yeh clear hoga, lekin agar third party ka hai? Uparwal ki liye iska kya hoga?