Respondeat Superior For Independent Contractor
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FAQ
When considering vicarious liability if the tortfeasor is carrying on work of his own account, as in the case of an independent contractor, vicariously liability will not be established.
Overview. A legal doctrine, most commonly used in tort, that holds an employer or principal legally responsible for the wrongful acts of an employee or agent, if such acts occur within the scope of the employment or agency.
That would mean that a person who employs a 'worker' within the meaning of the Employment Rights Act 1996 s 230(3)(a) (those who work under a contract of employment) would potentially be vicariously liable for their torts, and that a 'worker' within the meaning of s 230(3)(b) (those who contract to do work for someone
Vicarious liability is when you or your business are held financially responsible for the actions of another person or party. Most commonly, this is the legal framework at play when you are sued over mistakes made by your contractors, employees, or agents.
Probably the most common case of vicarious liability comes from the employer-employee relationship. It is referred to as respondeat superior. The employer is held liable for the unlawful actions of an employee if the conduct occurs during the scope of the employee's work. A good example is the Exxon Valdez oil spill.
