Yet, Sansome cites no case law to support its contention. And while it is true that employers are not liable for an independent contractor's torts, e.g., Bagot v. Airport & Airline Taxi Cab Corp., No. C1-00-1291, 2001 WL 69489, at *1 (Minn. Ct. App. Jan. 30, 2001), that rule is inapplicable. By contracting with the ESOP, Sansome promised to perform on the contract and thereby voluntarily assumed a duty—imposed by law—"'of acting with due care in [its] performance.'"