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LEGAL PRINCIPLE: An independent contractor is one who is employed to do some work of his employer. He is engaged under contract for services. He undertakes to produce a given result, and in the actual execution of the work, he is not under the direct control or following directions of his employer. He may use his own discretion in execution of the work assigned.
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.


FACTUAL SITUATION: 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.

A
Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant.
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B
Ramesh would not be liable as car was not owned by him.
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C
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
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D
Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.
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Solution

The correct option is C Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
The general rule at common law is that a person who employs an independent contractor will not be liable for loss flowing from the contractor's negligence. The owner will be liable for loss flowing from negligence in hiring or supervising the contractor. But, in those circumstances, the owner is not being held vicariously liable for the acts of the contractor, but is directly liable for its own negligence.
Hence, Ramesh will be held liable.

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