Principles :
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a 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 come careless acts.
Facts : Ramesh hired a taxi cab to go to Delhi Airport. As he stated 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.
Principles :
- An independent contractor is one who is employed to do some work of his employer. He is engaged under a 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 come careless acts.
Facts : Ramesh hired a taxi cab to go to Delhi Airport. As he stated 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.
The correct option is C Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
Where a servant having a lawful authority to do same act on behalf if his master an enormous and excessive force which causes authority causing loss to the plaintiff, the master will be liable for act. In this reasonable conclusion drawn Ramesh would be held liable as he exercised the control by giving directions to the driver. Hence option (c) is correct.
Where a servant having a lawful authority to do same act on behalf if his master an enormous and excessive force which causes authority causing loss to the plaintiff, the master will be liable for act. In this reasonable conclusion drawn Ramesh would be held liable as he exercised the control by giving directions to the driver. Hence option (c) is correct.
