Agency vs. Independent Contractor

Agency and independent contractorship are not necessarily mutually exclusive legal categories as independent contractor and servant or employee are. . . . One who contracts to act on behalf of another and subject to the other’s control, except with respect to his physical conduct, is both an agent and an independent contractor.” [emphais added] (City of Los Angeles v. Meyers Brothers Parking System (1975) 54 Cal.App.3d 135, 138 [126 Cal.Rptr. 545], internal citations omitted; accord Mottola v. R. L. Kautz & Co. (1988) 199 Cal.App.3d 98, 108 [244 Cal.Rptr. 737].)

CACI  3705. Existence of “Agency” Relationship Disputed:

[Name of plaintiff] claims that [name of agent] was [name of defendant]’s agent and that [name of defendant] is therefore responsible for [name of agent]’s conduct.

If [name of plaintiff] proves that [name of defendant] gave [name of agent] authority to act on [his/her/its] behalf, then [name of agent] was [name of defendant]’s agent. This authority may be shown by words or may be implied by the parties’ conduct. This authority cannot be shown by the words of [name of agent] alone.

CACI  3701. Tort Liability Asserted Against Principal – Essential Factual Elements

[Name of plaintiff] claims that [he/she] was harmed by [name of agent]’s [insert tort theory, e.g., “negligence”].

[Name of plaintiff] also claims that [name of defendant] is responsible for the harm because [name of agent] was acting as [his/her/its] [agent/employee/[insert other relationship, e.g., “partner”]] when the incident occurred.

If you find that [name of agent]’s [insert tort theory] harmed [name of plaintiff], then you must decide whether [name of defendant] is responsible for the harm. [Name of defendant] is responsible if [name of plaintiff] proves both of the following:

1. That [name of agent] was [name of defendant]’s [agent/ employee/[insert other relationship]]; and

2. That [name of agent] was acting within the scope of [his/ her] [agency/employment/[insert other relationship]] when [he/she] harmed [name of plaintiff].

The term “name of agent,” in brackets, is intended in the general sense, to denote the person or entity whose wrongful conduct is alleged to have created the principal’s liability.

This Post Has 0 Comments

Leave A Reply