Occupier's Liability and Independent Contractors
5 Pages Posted: 9 Jan 2007
A principal is generally not liable for the negligent acts of his or her independent contractor. Unfortunately, this seems to be a rule which is honoured more in its breach than its observance, so much so that the line between servant and independent contractor is threatened with extinction. The recent Malaysian case of Datuk Bandar provides yet another illustration of this. However, it is submitted that the reasoning by which the Supreme Court of Malaysia found the defendent liable is confused and somewhat doubtful.
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