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

Under the law of torts, which relationship does NOT ordinarily give rise to vicarious liability of the first person for the tort of the second?

Employer and independent contractor is the relationship that does not ordinarily create vicarious liability. Principals, partners and masters answer for acts within authority or the course of business or employment, but an employer lacks control over an independent contractor's manner of work.

  1. APrincipal and agent, for acts within the agent's authority
  2. BPartners, for torts committed in the ordinary course of the firm's business
  3. CMaster and servant, for acts in the course of employment
  4. DEmployer and independent contractor, for the contractor's own casual negligenceCorrect

Explanation

Principal-agent, partners and master-servant are recognised relationships for vicarious liability. An employer of an independent contractor is generally not liable for the contractor's casual negligence because there is no control over the manner of work.

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