Asked by Tingting Cheung on May 04, 2024

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Which of the following is not correct regarding the relationship between an independent contractor and a principal?

A) The contractor is liable under respondeat superior .
B) The contractor generally contracts to perform services but is not controlled by the principal.
C) The right of control is the essential and often decisive factor in determining whether someone is an independent contractor or an employee.
D) Under some circumstances, a principal will be vicariously liable for torts committed by a carefully selected independent contractor.

Respondeat Superior

A legal doctrine that holds an employer or principal legally responsible for the actions of an employee or agent when performed within the scope of employment or agency.

Independent Contractor

An individual or entity contracted to perform work for— or provide services to—another entity as a non-employee.

Vicarious Liability

A legal principle where one party is held liable for the actions or negligence of another party, often in employer-employee relationships.

  • Comprehend the fundamentals of respondeat superior and its implications for employer liability.
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Sahasawat ChaloemrotMay 09, 2024
Final Answer :
A
Explanation :
The doctrine of respondeat superior applies to employer-employee relationships, not to the relationship between an independent contractor and a principal. This legal doctrine holds employers liable for the actions of their employees performed within the scope of employment, but it generally does not extend to independent contractors, who maintain control over their work methods and decisions.