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llllllllDoes the hiring person supply the tools for the worker?Is the worker paid by the hour?Does the hiring person set the worker’s hours?Is the worker employed only by the person responsible for hiring?Is the business of the worker the same as the business of the hiringperson?Does the worker lack authority to hire or fire other workers?Does the worker perform his or her tasks in a highly supervisedenvironment?Is very little skill required to perform the worker’s job?The more questions that require “yes” answers, the more likely it isthat a master-servant relationship exists. If a master-servant relationshipis determined to exist, the master could be liable for the servant’stortious conduct. Conversely, the more “no” answers, the more likely itis that a proprietor-independent contractor relationship exists.Example 7. In The Opening Scene, Mr. Pellis hired a deliveryservice to transport his out-of-state edition. The truck collidedwith a car en route. The driver of the car wants to sue Mr. Pellis,INDEPENDENTCONTRACTORSHome owners frequentlyhire workers to make repairsor improvements to theirhomes. Are such workersconsidered independentcontractors?398 Unit 4: Being an Agent and Getting a Job

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