BLAW 300 Lecture Notes - Lecture 2: Independent Contractor, Fiduciary, Estoppel
Document Summary
The person who is asking someone to do something. Ex: the person who is asking the teenager next door to mow your grass. Fiduciary: a person having a duty created by his or her undertaking to act primarily for another"s benefit in matters connected with the undertaking; a relationship founded on trust and confidence. Employees who deal with third parties are agents. Not an employee, but may be an agent. Not liable for them if they mess up because they are not your employee (not responsible for them) Ex: if the teenager hurts their foot while mowing the grass you are not responsible because they are an independent contractor, and not an employee of yours. How much control the employer exercises over the work (main one) Whether the employee supplies the tools/place of work. Also, when employed to do something they usually supply the tools. Whether the company owns the property or not.
