In the context of tort law, when can an employer disavow torts committed by an independent contractor?

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An employer can disavow torts committed by an independent contractor particularly when the independent contractor acts completely outside of the job scope. In tort law, employers are generally not held liable for the negligent or intentional torts of independent contractors because an independent contractor operates with a significant degree of autonomy and is not under the direct supervision of the employer.

However, if an independent contractor engages in activities that are entirely unrelated to the contract's terms or the regular scope of the job, it shifts liability away from the employer. This is rooted in the principle that an employer only assumes responsibility for acts that are within the scope of the employment or contract. When the independent contractor deviates substantially from what was agreed upon in their engagement, the employer can argue that the tortious act is not connected to the employment relationship, thereby absolving them of liability.

The other options do not create a basis for disavowing liability in the same manner. While aspects like training, supervision, or prior offenses might influence the relationship between an employer and a contractor, they do not directly pertain to the fundamental legal principle regarding liability for torts performed outside of the contract's scope.

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