Swaraj an employer of ABC Company Ltd., appointed Rakesh as an independent contractor. Discuss under what circumstances Swaraj would be liable for the fault of Rakesh.

A master/employer is liable for the tort committed by his servant while acting in the course of his employment. The servant, of course, is also liable; their liability is joint and several. This is known as vicarious liability. The relationship of an individual with that of his/her independent contractor is not that of master-servant. 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. In the present case, Swaraj would be liable for the fault of Rakesh in the above mentioned circumstances.