Last updated: 4/13/2015
50.10. Agent or Independent ContractorStart Your Free Trial $ 11.99
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50.10 Agent or Independent Contractor The question has been raised whether at the time of the occurrence [name of alleged agent] was the agent of the defendant [name of defendant] or was an independent contractor. An agent is a person, who by agreement with another, called the principal, represents the principal in dealings with third persons or transacts some other business, manages some affair, or does some service for the principal, with or without compensation. The agreement may be oral or written, express or implied. [The term "agent" is broader than either "servant" or "employee." A servant or employee is an agent, but one may be an agent although he is neither servant nor employee.] [If you find that one person has the right to control the actions of another at a given time, you may find that the relation of principal and agent exists, even though the right to control may not have been exercised.] An independent contractor is one who undertakes a specific job where the person who engages him does not have the right [to discharge him] [or] [to direct and control the method and manner of doing the work]. In determining whether at the time of the occurrence [name of alleged agent] was the agent of the defendant [name of defendant] or was an independent contractor, you may also consider [the method of payment;] [the right to discharge;] [the skill required in the work to be done;] [who provides tools, materials or equipment;] [whether the worker's occupation is related to that of the employer;] [whether the employer deducted for withholding tax;] [and] [other relevant factor(s)]. The principal is liable to third persons for the negligence of his agent in the transaction of the business of the principal, if the agent himself is liable. But one who engages an independent contractor is not liable to others for the negligence of the contractor.