Independent Contractor

Pronunciation: in-duh-PEN-dent KON-trak-ter

Torts › Vicarious Liability

Definition

Worker who maintains control over how work is performed, not subject to employer's control except for result. Hiring party generally not vicariously liable for independent contractor's torts. Key distinction from employee: degree of control over method and manner of work. Exceptions: non-delegable duties, inherently dangerous activities.

Related terms

• Respondeat Superior — Employer liable for employee's torts committed within scope of employment. Latin for 'let the superior answer.' No fault…
• Vicarious Liability — Liability imposed on one party for the tortious conduct of another based on a special relationship between them,…
• Non-Delegable Duty — Duty that cannot be escaped by delegating work to independent contractor. Person who owes non-delegable duty remains liable…

Go deeper

2 worked examples, 5 exceptions, landmark cases, flashcards, issue spotting and the interactive mind map for Independent Contractor are available with a free account.

Create a free account — the whole Torts subject is free.