Liability of the Master for the act of an Independent

Contractor

Submitted by:

Pragya, B.B.A. LL.B. (Hons.)

Roll: 2029

Submitted to:

Mrs. Susmita Singh

Faculty of Law of Torts and Consumer Protection

This is a rough draft for partial fulfillment of project of Law of Torts

August 21st 2018

Chanakya National Law University

Introduction
A principal employer or a master for sure is liable for the acts of his servant done on his behalf
but a principle employer or master who engages an independent contractor to work for him
will not be liable for the acts of the independent contractor. An independent contractor work
independently and only for certain time as needed by the employer but a servant works under
the control of his master and hence, during the course of employment whatever he does,
makes the master liable.

Aims and Objectives

The researcher wants to find out:

1. A relationship by which one person may be held liable for the harmful acts of others.
2. The commission of wrongdoing by the employee or subordinate.
3. The exact nature of the liability of the master for the wrongs committed by an
independent contractor contracted by him.
4. Various factors that protects the master from the liability of the wrong committed by
the independent contractor.
5. Exceptions to Master-Independent contractor liability.
6. Differences between contract for services and contract of services.

Research Questions
1. Who is an independent contractor?
2. What makes an independent contractor different from a servant or an agent?
3. When an independent contractor becomes a servant?
4. What would be the liability of the employer if the act of the independent contractor
done under the course of employment?

Research Methodology
The research work is totally doctrinal method. It includes both primary as well as secondary
sources.

Limitations
Area of limitations – Every study has own limitation due to the limited time, lack of sufficient
financial sources and limited area of survey/study of the subject matter.

Hypothesis
1. The employer who hired the independent contractor should be made liable even if the
independent contractor working independently does some illegal acts under the course
of employment.
2. The employer should be made liable if the independent contractor is doing something
which is inherently dangerous which is assigned by the employer.

Tentative Chapterization
1. Introduction
2. Vicarious Liability
3. Difference between servant and independent contractor
4. Relationship between employer and independent contractor
5. Liabilities of principal employer
6. Exceptions
7. Test to determine whether the contractor is independent or not
 Control
 Nature of work
 Mode of compensation
 Paid leave
8. Case Laws
9. Conclusion

Bibliography

Online Journal
1. (1934) “Master and Servant-Independent Contractor-Workmen’s Compensation,”
Indiana Law Journal: Vol. 9: Iss 4, Article 9.

Available at: http://www.repository.law.indiana.edu/ilj/vol9/issue4/9

Books
1. (Bangia, 2018)
2. (Ratanlal Dheerajlal, 2018