An entrepreneur may owe an independent contractor a duty of care equivalent to that owed to an employee where the contractor is as reliant on the entrepreneur for safety as any employee, due to the entrepreneur's control over the work site and system of work, the contractor's vulnerability, and inequality of bargaining power. The duty recognised in Stevens v Brodribb is not confined to cases where the entrepreneur needs to give directions and co-ordinate activities. The Wyong Shire Council v Shirt framework does not mandate that a reasonable person must always take cheap precautionary measures against foreseeable risks, but where the risk is real and obvious, the potential harm serious, and cheap remedial measures are available, failure to act may constitute breach.
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