If A has hired an independent contractor B to carry out A’s business of chemicals and B due to his mistake, leaked certain chemicals which led to death of certain residents living near the factory of chemicals. Will A be liable for such an act of B ?
No, because of Act of God.
No, because an Independent contractor was working, not A himself.
Yes, A is vicariously liable.
Yes, A is liable due to B’s negligence.
Defendants can avoid liability if they can demonstrate that the escape was caused by the independent act of a third party or by an act of God, something beyond their control. Hence, option (b) is correct.