BLAW 2301 Lecture Notes - Lecture 21: Independent Contractor, Torta
Document Summary
Principal is not liable for physical torts of an independent contractor. The more control a principal has over the agent, the more likely that the agent will be considered an employee. Person can be both an employee and independent contractor plumber is employee of the plumbing company but an independent contractor in a house: negligent hiring. Principal is liable for physical torts of negligent hiring or supervision of an independent contractor if its because o. Scope of employment employer is liable for actions within the scope of employment if: Act is part of the principal"s business. Act is one for which the principal supplied the tools. Agent is working for the principal, but commits an act that the principal has not authorized. Principal is still liable even if expressly forbidden if it is the same general nature as that authorized or if it is incidental to the conduct authorized.
