Which of the following correctly distinguishes a 'servant' from an 'independent contractor' for the purposes of vicarious liability?

1. The ICSI text gives the control test: 'A **servant** is a person who is employed by another (the employer) to perform services in connection with the affairs of the employer, and **over whom the employer has control in the performance of these services**.' 2. 'An **independent contractor** is one who works for another but who is **NOT controlled by that other in his conduct in the performance of that work**.' 3. So **'a person is a servant where the employer retains the control of the actual performance of the work'**. 4. An employer is **NOT liable for the torts of an independent contractor** committed in the course of his employment, except in three cases: (i) when employer authorises him to commit a tort, (ii) torts of strict liability, (iii) negligence of independent contractor. _Source: ICSI CS Executive — Lesson 6, '(d) Employer and Independent Contractor', pp. 141-142._