When does the original employer remain liable for a borrowed employee's tort?

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The original employer can remain liable for a borrowed employee's tort when there has not been a dramatic shift of control to the second employer. This situation arises from the principles of vicarious liability and the nature of the employment relationship. If the original employer retains a significant degree of control over the employee, they can still be held responsible for the employee's actions even while the employee is working for a different employer.

The key factor is the level of control exercised over the employee during the time the tort occurs. If the second employer has taken over all facets of control and direction regarding the employee’s work, the liability may shift to the second employer. However, if the original employer still maintains significant control, they can be liable for the tortious actions of the employee.

In terms of context, while the other options suggest different scenarios regarding liability, they do not accurately reflect the legal principle of control as it is applied in agency and tort law surrounding borrowed employees. The question emphasizes the importance of control in determining liability, making this answer the most correct.

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