SALESMEN AS INDEPENDENT CONTRACTORS

Authors

Paul A. Leidy, University of Michigan Law School

Abstract

In determining whether or not the relationship between the defendant and a careless third person, whose negligence has resulted in injury to the plaintiff, is, on the one hand, that of master and servant or principal and agent, or, on the other hand, that of independent contracting parties, the so-called "control test" is almost universally applied. The most recent authoritative commendation of this test is found in the American Law Institute Restatement of the Law of Agency, where the independent contractor is described, and his characteristics defined, in the following manner:

"An independent contractor is a person who undertakes to execute certain work or to accomplish a stipulated result for another, under such circumstances that the right of control of the doing of the work, and of the forces and agencies employed in doing it, is in the contractor."

Recommended Citation

Paul A. Leidy, SALESMEN AS INDEPENDENT CONTRACTORS, 28 Mich. L. Rev. 365 (1930).
Available at: https://repository.law.umich.edu/mlr/vol28/iss4/2