2. (a) That's right. In establishing vicarious liability in tort, one of the relevant factors is the distinction drawn between employees and independent contractors. Employers will be vicariously liable for the acts or omissions of their employees, but will not usually be liable for conduct by an independent contractor.

For an employer to be vicariously liable for the acts of an employee, the wrongdoer must have performed the harmful act in the course of, or pursuant to, their employment, or within the employment relationship rather than outside of it. If an employee engages in some activity unrelated to their work (sometimes referred to as 'a frolic of their own'), then the employer is not vicariously liable for harm that ensues.

A person is not normally vicariously liable for the acts of independent contractors. However, in some situations involving a protective relationship (eg hospital and patient, or school and students), a duty of care exists that cannot be delegated to another person, and the principal of an independent contractor may be liable for harm caused even by an independent contractor.