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Principle: 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 h e directs him to do some careless acts.
Facts: Ramesh hired a taxi-cab to go to Delhi Airport. As he started l ate 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.
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
Ramesh would not be held liable for damages because the drive r was an independent contractor and not his servant.
Ramesh would not be held liable for damages because Ramesh did not know the consequences of such rash driving.
Ramesh would not be liable as car was not owned by him.
In this situation the cab driver asked the driver to carry out a careless act, that is, driving at a fast pace. Hence Ramesh will be liable for the consequent accident. Ramesh would be held liable for damages as he exercised the control by giving directions to the driver.
By: SANAT DATT BHARDWAJ ProfileResourcesReport error
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