All Contractors Are Employees For Respondeat Superior Purposes
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
19045_church_festival_fireworks · TORTS · Choice BStrict liability for every public-event injury.
Why it's attractive
Strict liability has narrow doctrinal triggers; firing fireworks at a church festival is not one. The call is negligent selection, not strict liability.
Why it's wrong
Strict liability has narrow doctrinal triggers; firing fireworks at a church festival is not one. The call is negligent selection, not strict liability.
19045_church_festival_fireworks · TORTS · Choice CNo possible liability because independent contractors always insulate principals.
Why it's attractive
Direct negligence in selection is a separate route; the independent-contractor rule is not absolute.
Why it's wrong
Direct negligence in selection is a separate route; the independent-contractor rule is not absolute.
19045_church_festival_fireworks · TORTS · Choice DAutomatic respondeat superior because all contractors are employees.
Why it's attractive
The contractor controlled the launch details, so respondeat superior does not apply; the principal is liable, if at all, on a direct-negligence theory.
Why it's wrong
The contractor controlled the launch details, so respondeat superior does not apply; the principal is liable, if at all, on a direct-negligence theory.
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