BU231 Lecture Notes - Lecture 15: Equitable Remedy, Contributory Negligence, Independent Contractor
Document Summary
Can be for continuous service, or for fixed term. Contractual relationship where one party, the employer, is authorized to direct and control the work of another party, the employee. If an individual is found to be an independent contractor rather than an employee, then the relationship is governed by the terms of the contract and the general principles of contract law. Business is liable for damages to a 3rd party for the consequences of any tort an employee may commit in the course of employment. Employer may not have authorized the wrongful act, but it"s still liable. Injured party must establish that the employee caused the damage while engaged at work. Parties to a contract often understand that they will not perform personally (vicarious liability) Either employees or an independent contractor will perform. Employers are held responsible for improper work done by employees just as promisor is liable for work that it subcontracts.
