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Flashcards in 32/33 Deck (11)
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1

independent contractor

a person who contract with another to do something for him but who is not controlled by the other

2

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

3

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?

4

what two factors make up an agency relationship?

(1) principal (2) agent

5

principal

a person who is the "boss" and owes a duty to his agent: pay him, protect him, cooperate to complete tasks

6

agent

owes duty to principal: do best work, work within scope of employment, loyal, accounting

7

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

8

fiduciary relationship

involving trust and confidence

9

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

10

authority

what is given to the agent from the principal for purposes of furthering an end goal, in writing or verbally

11

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