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Question
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 some careless acts.
Facts: Ramesh hired a taxicab to go to Delhi Airport. As he started late from his home, he kept on urging the taxidriver 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.
Options
Ramesh would not be held liable for damages because the driver was an independent contractor and not his servant.
Ramesh would not be liable as car was not owned by him.
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 Ramesh did not know the consequences of such rash driving.
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Solution
Ramesh would be held liable for damages as he exercised the control by giving directions to the driver
Explanation:
Where a servant having a lawful authority to do some act on behalf of his master an erroneous and excessive force that causes authority causing loss to the plaintiff, the master will be liable for the act. In this reasonable conclusion drawn Ramesh would be held liable as he exercised the control by giving directions to the driver.
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