LIABILITY FOR INDEPENDENT CONTRACTORS IN CONTRACT AND TORT: DUTIES TO ENSURE THAT CARE IS TAKEN
Change log
Authors
Morgan, Jonathan
Abstract
jats:titleAbstract</jats:title>jats:pLiability for independent contractors generally poses few difficulties in the law of contract, whereas in tort it is a vexed question. The difficulties are only compounded by the governing concept: the so-called “non-delegable duty”. This article explains the differences and argues that no easy parallels can be drawn from the contractual position to answer the riddles in tort. Neither does “assumption of responsibility” help. There is undoubtedly a case for recognising vicarious liability for independent contractors when businesses and public bodies alike now outsource so many of their functions. This issue needs to be confronted squarely, not through unconvincing contractual analogies.</jats:p>
Description
Keywords
48 Law and Legal Studies, 4806 Private Law and Civil Obligations
Journal Title
The Cambridge Law Journal
Conference Name
Journal ISSN
0008-1973
1469-2139
1469-2139
Volume Title
74
Publisher
Cambridge University Press (CUP)