LAWS1003A Lecture Notes - Lecture 10: Independent Contractor, Strict Liability
23 Jul 2018
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Document Summary
In general, as noted previously, a "principal" is not vicariously liable for actions of independent contractor. There are some specific situations where the courts have recognised what is called a "non-delegable duty of care", when liability may be imposed for actions of a contractor. Similar to vicarious liability in result, conceptually different. Assume a wrongdoer w, a victim v, and the allegedly liable "superior" party s In cases of vicarious liability, as we saw last week, the main question is as to relationship between. S and w, to determine s"s liability (ie is w an employee of s?) Such duties "cannot be delegated", explaining that "the master cannot divest himself of responsibility by entrusting their performance to others". Liability on the basis of non-delegable duties has therefore been described as a "disguised form of vicarious liability" The obligation is fulfilled by the exercise of due care and skill.
