| Commentary

106 Position of employer

| Commentary

106 Position of employer

A person is not in general vicariously liable for torts committed by an independent contractor employed by it1. In consequence, any tortious liability to third parties which arises out of the conduct of building operations will normally fall primarily upon the contractor. However, there are various exceptional cases in which a person is held responsible for its independent contractor, and several of these are of particular relevance to building operations. The main situations in which the employer will be liable2 are where the employer is under a personal duty imposed by statute3; where the case involves

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