Discuss the position of vicarious liability of an employer for an independent contractor. What are the conditions when an employer is liable and when he is not liable ?

An employer is vicariously liable for the torts of his servants committed in the course of their employment, but he is not liable for the torts of those who are his independent contractors. An independent contractor is one who works for another but who is not controlled by that other in his conduct in the performance of that work. These definitions show that a person is a servant where the employer "retains the control of the actual performance" of the work. When Employer is Liable for the acts of Independent Contractor The employer is not liable merely because an independent contractor commits a tort in the course of his employment; the employer is liable only if he himself is deemed to have committed a tort. This may happen in one of the following three ways: When employer authorizes him to commit a tort. In torts of strict liability. Negligence of independent contractor. When Employer is not Liable for the acts of an Independent Contractor An employer is not liable for the tort of an independent contractor if he has taken care in the appointment of the contractor. In Philips v. Britania Hygienic Laundry Co. (1923) , the owner of lorry was held not liable when a third-party's vehicle was damaged, in consequence of the negligent repair of his lorry by a garage proprietor.