Question: What is the primary factor that determines whether or not a principal is liable for the unauthorized torts of an agent? whether the agent is

What is the primary factor that determines whether or not a principal is liable for the unauthorized torts of an agent?
whether the agent is an employee or an independent contractor
whether the agent was being paid for the work that led to the tortious action
whether the principal was notified of the agents tortious actions
whether the agent was on the clock for the principal at the time of the tortious action

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