One who commits a wrong or fails in some duty owed to another is liable for the consequences thereof but someone who employs an independent contractor to do work, in itself lawful and not of a nature likely to involve injurious consequences to others, is not responsible for the results of improper or careless performance of that work since although he has ordered the work to be done, he can not control the manner in which it is done by the independent contractor. However, one who orders work likely to be attended with injurious consequences to others, unless steps are taken to prevent such consequences, can be vicariously liable for any damage caused by the independent contractor in doing such work. “...A man who orders a work to be executed, from which, in the natural course of things, injurious consequences to his neighbour must be expected to arise, unless means are adopted by which such consequences may be prevented, is bound to see to the doing of that which is necessary to prevent the mischief, and cannot relieve himself of his responsibility by employing some one else - whether it be the contractor employed to do work from which the danger arises or some independent person - to do what is necessary to prevent the act he has ordered to be done from being wrongful. There is an obvious difference between committing work to a contractor to be executed from which, if properly done, no injurious Consequences can arise and handing over to him work to be done from which mischievous consequences will arise unless preventive measures are adopted.” (Bower v. Peate, (1876) 1Q.B.D. 321,323)
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