Book Opener

Talent AgentTo get a job in television,film, or radio,you need to hiresomeone to representyou. Your representative,or agent, shouldbe affiliated with alicensed talent agency,such as William Morrisin New York, New York,or Creative ArtistsAgency in Beverly Hills,California. Experiencein stage work will alsohelp you land a job inthe entertainmentindustry. What do youthink are the charactertraits of a successfulagent?Get InvolvedJoin your high schooldrama club and participatein plays. Locatelocal communitytheaters and audition.more of these questions that the court can answer “no,” the more likelyit is a relationship between a proprietor and an independent contractor.l Does Mr. Pellis supply the tools for the worker? No. The deliveryservice supplies drivers with the “tools of their trade” (the deliverytrucks).l Are the drivers paid by the hour? No. In this situation, Mr. Pellispays by the delivery rather than by the hour.l Does Mr. Pellis set the drivers’ hours? No. This issue is determinedby the delivery service.l Are the drivers hired to work for Mr. Pellis only? No. The driverswork for a number of different customers.l Is the business of the driver the same as the business of Mr. Pellis?No. The driver is in the delivery business; Mr. Pellis is in thenewspaper business.l Do the drivers have any authority to hire or fire other workers?Unclear. This determination would depend on the authority of aparticular driver. Clearly, however, the delivery service has theauthority to hire and fire its workers; Mr. Pellis does not.l Are the drivers closely supervised? No. The drivers are relativelyindependent.A close examination of the relationship between the delivery serviceand Mr. Pellis reveals that the delivery service is an independent contractor.Mr. Pellis is not liable for any injuries or property damage inthe accident involving the delivery truck. However, if the same questionsabout the relationship between the delivery service and its driverswere asked, it would be discovered that the delivery service is a masterand the driver is a servant.A master may escape vicarious liability, however, if the servant wasnot acting within the scope of employment. When the tort was committed,the worker must have been performing the task for which he orshe was hired. Suppose the driver had taken a side trip to a store to runan errand without the permission or knowledge of the supervisor. Whilebacking out of a parking space at the store, the driver knocked over alarge sign that fell onto a parked car, shattering the car’s windshield andinjuring a family pet waiting in the vehicle. The driver’s employer couldescape liability because the side trip is not within the scope of the driver’semployment.Vicarious liability is usually limited to negligence rather thanintentional torts. There are exceptions, however. For example, a departmentstore may be liable if a security guard injures a suspected shoplifterwho is resisting capture.Just as a master can sometimes be liable for the torts of a servant, aproprietor can also be liable for the torts of an independent contractor.400 Unit 4: Being an Agent and Getting a Job