Tortfeasor's Liability for Independent Contractors' Actions
torts judiciary advanced pyq_discussionQuestion: 'D' was hired by X, a shopkeeper, as an independent contractor to repair a lift in X's building. During the repairs, 'D' carelessly installed the lift, which soon broke down. This caused injury to a passerby, 'Y'. X had no knowledge of 'D's actions and could not have prevented the accident. Is X liable to 'Y'? Discuss.
Tortfeasor's liability is a complex topic in Law of Torts. The correct approach here is to see if 'X' owed a duty of care to 'Y' and if any breach of that duty led to the injury. Even though 'D' is an independent contractor, 'X' may still be liable if 'D's actions were within the scope of employment. In this case, the injury was caused by the lift breakdown, which is closely related to the work 'D' was hired to do.
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