Vicarious Liability

Our man in Havana

Hypotechical question.

Say a company instructs a contractor to do works for them and said contractor then causes damage to a third party's property, would the originating company be vicariously liable for what the contractor did?

blackcoat

Bond-007 wrote: »

Hypotechical question.

Say a company instructs a contractor to do works for them and said contractor then causes damage to a third party's property, would the originating company be vicariously liable for what the contractor did?

it depends how much 'control' the original company had over the independent contractor. there have been cases where what seemed to obviously be an 'independent contractor' was still held to be an employee and the original company WAS vicariously liable.
theres a few different things the courts will consider to decide whether the original company is sufficiently in 'control' of the contractor to be deemed vicariously liable.

Tom Young

www.courts.ie

O'Keefe v Hickey -> Search

Tom Young

I should say, read the Fennelly and Geoghegan JJ. judgments.

Jo King

I would say that the contractor is agent of the principal and as such the principal would be liable. It is usual for the principal to seek an indemnity from the contractor against any claims arising and to seek evidence of public liability insurance before allowing the contractor to carry out the works.