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Labor and Employment Law

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Vanderbilt University Law School

1949

Liability of employers

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Liability Of Employers For Misrepresentations Made By "Independent Contractors", Merton Person Dec 1949

Liability Of Employers For Misrepresentations Made By "Independent Contractors", Merton Person

Vanderbilt Law Review

There are two ways of getting a job done. The person who wants it done can do it himself by his own efforts, management and hired help; or he can bargain with someone else for the desired result. When he hires personal services and retains the management of the enterprise he is called a "master," the person hired is called a "servant," and the master is liable for what the servant does in the master's behalf. But when one bargains for a given result he does not then become a master, the person bargained with is called an independent contractor, …