Employees and Independent Contractors
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Modern economic organization includes the devolution of big business. More and more, where businesses can outsource work and activities that were once central to the operation of the business, they will. With respect to agency, this trend towards outsourcing raises important questions.
First, employees acting within the scope of their employment are agents of the employer. But what about “independent contractors”? Are they also agents? What is the distinction between independent contractors and employees? Are independent contractors agents? And, if so can independent contractors generate legal liability for purported principals in the same way that agents can?
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1 Show/Hide More Kane Furniture Corp. v. Miranda Original Creator: Brian JM Quinn Current Version: Brian JM QuinnNotes:
This case further examines the distinction between independent contractors and agents. In addition, this case raises the question of the limits of a principal's liability for an employee and when an employee might be acting within the scope of their employment. -
2 Show/Hide More Millsap v. Federal Express Corp. Original Creator: Brian JM Quinn Current Version: Brian JM QuinnIn modern business organizations, much work is “outsourced” to independent contractors. Are independent contractors agents? If so, are principals liable for the actions of independent contractors?Notes:
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