Book contents
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
7 - Independent contractors
Published online by Cambridge University Press: 17 November 2010
- Frontmatter
- Contents
- Preface
- Abbreviations
- 1 Introduction
- 2 The reception of Bazley v Curry
- 3 Enterprise risk
- 4 The risk and the individual
- 5 The enterprise
- 6 The borrowed employee
- 7 Independent contractors
- 8 Transferring the burden: the employer's right of indemnity
- 9 Risk and the employment relationship
- 10 Enforcement of the employment contract
- 11 Enterprise liability and non-delegable duties
- 12 Fundamental obligations
- 13 Concluding remarks
- Index
Summary
In his seminal work on vicarious liability Atiyah questioned whether vicarious liability should extend to the actions of independent contractors. He noted that there was much to be said on both sides of the argument but observed that it had been argued that:
When a person employs a contractor, it is his business which is being done, he is the party benefiting from the work, and in the long run he should pay his share of the costs … Further, the imposition of liability for independent contractors encourages employers to seek out and contract with financially responsible contractors who can meet any damages awarded against them (or indemnify the employer against liabilities imposed on him) and this is in the public interest.
Atiyah's concerns seem all the more relevant given contemporary working practices where many businesses have become increasingly dependent on the contribution of workers, and other service providers, who are not employees. Such a phenomenon is not confined to one country but occurs globally. The construction industry provides a particularly good example here. A builder may well remain responsible to the client for the completion of the project but is unlikely to rely solely upon his own employees. Various elements of the work may well be subcontracted, some of which may be subject to further subcontracting. It is also noteworthy that there may be a great deal of variance between the resources possessed by the subcontractors involved.
- Type
- Chapter
- Information
- Enterprise Liability and the Common Law , pp. 75 - 94Publisher: Cambridge University PressPrint publication year: 2010