May 25, 2012 - Contractor or Servant

Contractor or Servant

Servant. One who works for, and is subject to, the control of his master; a person employed to "perform services in the affairs of another and who with respect to the physical conduct in the performance of the services is subject to the other's control or right to control.
"In determining whether one acting for another is a servant or an independent
contractor, the following matters of fact, among others are to be considered: 
  (a) the extent of control which, by the agreement, the master may exercise over the details of the work; 
  (b) whether or not the one emplyed is engaged in a distinct occupation or business; 
  (c) the kind of occupation, with referenceces to whether, in the locality, the work is usually done under the direction of the employer or by a specialist without supervision; 
  (d) the skill required in the particular occupation; 
  (e) whether the employer or workman supplies the instumentalities, tools, and the place of work for the person doing the work; 
  (f) the length of time for which the person is employed; 
  (g) the method of payment, whether by the time or by the job; 
  (h) whether or not the work is a part of the regular business of the employer; 
  (i) whether or not the parties believe they are creating the relation of master and servant; and 
  (j) whether the principal is or is not in business. 

A master is in many instances liable, under the theory of respondeat superior, for the torts of his or her servant, but not for those of independent contractor." Canadian Law Dictionary


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