Generally, an employer is not liable for physical harm done to a third party by reason of the acts of an independent contractor. if that person is determined to be an employee, then he can be. Discuss first, whether you feel this legal distinction is justified protecting the employer(principal) in one instance and not the other from being sued. Second, discuss whether the employer is always liable for the acts of its employees. Example, intentional verses unintentional torts, and scope of employment-frolic vs detour