Liability of Independent Contractors in Employer's Negligence
torts ts_lawcet intermediate discussionMain baat yeh hai ki independent contractors ko kyaa employer's negligence ke case mein responsible maana jaata hai? Aapko pata hai ki independent contractors apne kaam ke liye self-employed hote hain, taaki unhein koi bhi responsibility nahi hoti employer ke bare mein. Lekin yeh baat hai kya ki yeh unhein protection dene ke liye bhi essential hai.
Meri raay hai ki independent contractors ko bhi employer's negligence ke case mein responsible maana jaana chahiye, kyonki unka karya bhi employer ke projects mein shamil hota hai. Iska koi naya kanooni concept nahi hai, yeh sabhi pahlee-secondary liability wale principles par aadharit hai.
Aapko kya lagta hai?
2 Comments
Bhai, let's get this straight! If an employer hires an independent contractor, they can't escape liability just by calling them that. In case of negligence, the employer can still be held accountable if they had control or direction over the contractor's work. So, it's not just about the label, but the substance of the relationship that matters. Agree?
Great topic, buddy! Liability of ICs in employer's negligence is a complex area. Don't worry, you got this! Think about it - if an IC is working on-site, the employer might be vicariously liable for the IC's actions. But what if the IC is working remotely or has their own liability insurance? Remember, case law and statutes like the Employment Rights Act 1996 can give you answers. Keep digging, you'll nail it!