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An employer can be made liable for the wrongs of the independent contractor : A. If an employer…

As a general rule, an employer is not liable for the torts of an independent contractor, but recognised exceptions apply where the employer personally authorises an unlawful…

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An employer can be made liable for the wrongs of the independent contractor :
A. If an employer authorises the doing of an illegal act.
B. In cases of strict liability.
C. In cases of nuisance.
D. When tort results not in breach of master's common law duties towards his servant.
Which one of the above is not correct ?

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Answer and explanation

Correct answer D

As a general rule, an employer is not liable for the torts of an independent contractor, but recognised exceptions apply where the employer personally authorises an unlawful act (A), in cases of strict liability such as Rylands v. Fletcher (B), in certain cases of actionable nuisance (C), and where the contractor's default breaches the employer's non-delegable common-law duty of care towards his own servants. Statement D inserts 'not' into that fourth exception and is therefore incorrect.

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