Alec Samuels considers employers’ liability for the negligence or wrongdoing of employees and independent contractors
The liability of an employer for the negligence or wrongdoing of the employee or independent contractor has been a problem in the common law since anybody can remember. It has generated too much case law and we now have two more Supreme Court rulings on the issue.
The judges at the highest level have the benefit of reading through all the papers, sitting through the hearing, studying all the cases and the judicial nuances, and write up the judgment at their leisure – but busy practitioners need some straightforward guidance to enable the legal problem to be identified; to understand and apply the principles; and then negotiate and settle with confidence.
Hopefully, the latest Supreme Court cases should provi...