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Words: | Submitted: Mon Dec 22 2003
... any, towards the parties mentioned in this situation. Part (a) Engineering plc holds a contract with The Railway Authority to carry out maintenance work and in this case, inadequate maintenance could constitute a breach of contract. In order to advise The Railway Authority, it is necessary to point out that Engineering plc in this situation, stand as an independent contractor. ' An independent contractor is by definition a person whose methods and modes of work are not controlled by the person who employs him, and this being so it would be unfair to give an employer general liability for the torts of such a contractor' 1 (Keenan). However, further investigation regarding vicarious liability means The Railway Authority could yet; be qualified for joint liability. Vicarious liability 'the liability imposed on one person (D) for the tortious act or omission of another (X) which causes loss to a third person (P)'2 (Mullis ...
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