Question: How do you determine whether or not a person is an employee versus an independent contractor? Explain when a principal is and is not liable

How do you determine whether or not a person is an employee versus an "independent contractor"?

Explain when a principal is and is not liable for providing workers' compensation coverage for his or her agents.

Explain how Workers' Compensation statues work in most states.

Provide three examples (one for each doctrine) that demonstrate your understanding of how a principal can be contractually liable for agreements entered into by his/her agent without the principal giving the agent express authority to do so.

  1. Implied Authority.
  2. Apparent Authority
  3. Ratification

What is the meaning of the term "respondeat superior"?

How does the applicability of the rule differ depending upon whether the person's actions giving rise to it is an employee or an independent contractor?Why?

Demonstrate your understanding of the distinction between the "scope of employment" test, and the "zone of risk" test, by providing two examples. First provide an example demonstrating how an employer might be liable for an employee's act under the "scope of employment" test. Then, provide a second example demonstrating how an employer might be liable for an employee's act under the "zone of risk" test, even if there is no risk under the scope of employment.

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