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CS Executive · Jurisprudence, Interpretation and General Laws · Law of Torts

Mohan hired Vikas, an independent contractor, to repair his roof. Vikas carelessly left debris that fell and injured a passer-by. Which statement states the general rule on Mohan's liability?

Mohan is generally not liable. An independent contractor controls how the work is done, so the employer is not vicariously liable for the contractor's collateral negligence, unless an exception such as a non-delegable duty or hazardous activity applies.

  1. AMohan is generally not liable for the collateral negligence of an independent contractorCorrect
  2. BMohan is always liable as the person who engaged the contractor
  3. CMohan is liable only if Vikas is insolvent
  4. DMohan is liable jointly because every contract of work creates a master-servant relationship

Explanation

An employer is generally not vicariously liable for torts of an independent contractor, since he does not control the manner of work. Exceptions exist, such as ultra-hazardous activities or non-delegable duties, but none is given here. Option D confuses contractor with servant.

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