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Report No. 62

6.2. Common law rules as to contractors.-

Some of the well recognised "Common law rules" as to independent contractors include the following1. A principal is liable in contract or tort for the acts of his agent regardless of whether the agent is a servant, independent contractor or neither, if the principal directs a specific tortuous act or result, if the agent makes certain representations which he is authorised or apparently authorised to make, and if the situation is such that the duty to protect the third person may not be delegated by the principal. The principal is not liable in other circumstances.

1. Broden Employment Relationship under Social Security, (1960), 33 Temp L.Q. 307, 329.

Workmens Compensation Act, 1923 Back

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