Legal Principle – 1: Same for 35 and 36. A master is liable for the wrongs committed by his servant during the course of employment but not for the acts of an independent contractor. Legal Principle – 2: Same for 35 and 36. Whether a person is a servant of another or not is to be determined by finding out who controls the method of work or owns the tools or who benefits by the profit of the venture or bears the loss. Factual Situation: Bikash Hospital is a wellknown hospital and Dr K.N. Joseph is a cardiologist in the hospital. He is also attached to few other hospitals, as the service rules of Bikash Hospital do not prohibit it. Due to the negligence of Dr Joseph, the patient of the hospital dies and his children decide to file a suit against the Bikash Hospital and Dr Joseph.