Asked by marissa ciavatta on May 27, 2024
Verified
Roofing Issues.Sally agrees to roof a house for Bob.After doing his research,Bob chooses Sally based on her great reputation for being conscientious and doing good work.Bob knows little about roofing and stays away from all the noise involved.Sally provides her own tools for herself and other workers,sets her own schedule,and charges a flat rate of $10,000 to be paid when the job is completed.Sally hires Trudy,Glen,and Fred to help with the roofing.She pays them an hourly rate,supervises their work,provides them with tools and materials,and sets their schedules.Curious about what is going on there,Bob's friend Spencer walks by the house while the roofing is being done.Glen absentmindedly throws some old shingles off the roof and hits Spencer in the head,resulting in him going to the local emergency room and receiving a couple of stitches in his scalp.Spencer decides to sue all the roofers,Bob,and Sally for his hospital expenses and for pain and suffering.Assuming Glen was negligent,which of the following is the most likely result in a lawsuit against Bob brought by Spencer?
A) Spencer will win because as the property owner,Bob is liable for any negligence occurring there.
B) Spencer will win because Sally is Bob's employee; therefore,Sally is liable for the negligent acts of anyone working for her.
C) Spencer will win because Sally is an independent contractor for Bob; therefore,Sally is liable for the negligent acts of anyone working for her.
D) Spencer will lose because Glen is an employee of Sally,who is an independent contractor for Bob.
E) Spencer will win,but only if it can be established that both Glen and Sally are insolvent and unable to pay any judgment.
Independent Contractor
An individual or entity contracted to perform work for another entity as a non-employee, typically with a greater level of autonomy in how the work is completed.
Property Owner
An individual or entity that holds legal title to a property, granting them certain rights such as use, control, disposal, and enjoyment.
Liability
The state of being legally responsible for something, such as a debt or obligation.
- Comprehend the principle of agency, including the functions and responsibilities of agents, principals, and independent contractors.
- Investigate the responsibilities and legal consequences in scenarios of negligence within employment contexts.
Verified Answer
SD
Sonam Dua AroraMay 31, 2024
Final Answer :
D
Explanation :
An individual who hires an independent contractor to do activities that are not extremely hazardous cannot be held liable for the independent contractor's tortious actions under the doctrine of respondeat superior.
Learning Objectives
- Comprehend the principle of agency, including the functions and responsibilities of agents, principals, and independent contractors.
- Investigate the responsibilities and legal consequences in scenarios of negligence within employment contexts.