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An employer is generally NOT liable for the torts of an independent contractor. However, ICSI lists three situations where the employer IS liable. Which of the following is correctly identified as one of those three situations?
Answer & Solution
Correct answer: B.
1. The ICSI text lists three situations in which the employer IS liable for the torts of an independent contractor:
2. (i) **When the employer authorises him to commit a tort**;
3. (ii) **In torts of strict liability**;
4. (iii) **Negligence of independent contractor**.
5. So an employer cannot escape strict liability by sub-contracting the hazardous activity. The collateral negligence rule covers the third case — see *Philips v. Britania Hygienic Laundry Co.* (1923), where an owner of a lorry was held NOT liable when a third party's vehicle was damaged by negligent repair, because the repair was collateral.
_Source: ICSI CS Executive — Lesson 6, '(e) Where Employer is Liable for the acts of Independent Contractor', p. 142._
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