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An independent contractor is a person engaged by another to render a particular service
that is, there is a contract for services between the parties.
He is his own master and exercises his discretion in accordance with the terms of the
contract with the employer.
He is generally liable for torts committed by his servants and agents. However, in
certain circumstances the employer is liable for such torts, for example.
(i) If the employer retains control or interferes with the discharge of the obligation.
(ii) If the independent contractors obligation amounts to a tort.
(iii) If the tort in question is one of strict liability for example, rule in Rylands V. Fletcher.
(iv) If the ordinary discharge of the independent contractors obligation amounts to the
commission of a tort.
(v) If the independent contractor negligently discharges a duty imposed upon the employer
by law.
maurice.mutuku answered the question on May 3, 2018 at 07:16
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