32/33 Flashcards
independent contractor
a person who contract with another to do something for him but who is not controlled by the other
what four things classify you as an independent contractor?
(1) control own work (2) use own tools (3) set own times/days (4) paid by job
What are the 7 factors that act as guidelines for determining employee statute or independent contractor?
(1) How much control does the employer exercise over the details of the work? (2) Is the worker engaged in an occupation or business distinct from that of the employer? (3) Is the work usually done under the employers direction or by a specialist without supervision? (4) Does the employer supply the tools? (5) For how long is the person employed? (6) What is the method of payment- time period or at the end of a job? (7) What degree of skill is required by the worker?
what two factors make up an agency relationship?
(1) principal (2) agent
principal
a person who is the “boss” and owes a duty to his agent: pay him, protect him, cooperate to complete tasks
agent
owes duty to principal: do best work, work within scope of employment, loyal, accounting
fiduciary (noun)
refers to a person having a duty created by his or her undertaking to act primarily for another’s benefit in matters connected with the undertaking
fiduciary relationship
involving trust and confidence
vicarious liability
a principal is responsible for the acts of his agent if he is acting within the scope of employment. if he is within the scope of employment then the principal is liable
authority
what is given to the agent from the principal for purposes of furthering an end goal, in writing or verbally
respondeat superior
the principal or employer is liable for harms done by agents or employees while acting within the scope of their agency or employment
