Contractor Equals Employee
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
21752_olive_oil_ramp · TORTS · Choice ALampstand Studio is liable only if Lydia or one of her employees personally poured the oil on the ramp.
Why it's attractive
Students try to make the business liable only through its own hands. The Gold Key breaks that frame because a nondelegable safety duty can stay with the business even when the contractor created the hazard.
Why it's wrong
The answer invents a personal-creation prerequisite for business liability.
Spot it next time
When a duty is statutory or public-safety based, ask whether the duty stays with the hirer.
21752_olive_oil_ramp · TORTS · Choice BLampstand Studio has no possible liability because it hired an outside company to make the ramp safe.
Why it's attractive
Students remember that hirers usually are not liable for independent contractors. The word 'possible' overextends that default past the nondelegable-duty exception.
Why it's wrong
The answer pushes the independent-contractor default into a complete shield.
Spot it next time
Treat independent-contractor status as a default, then check for nondelegable duty.
21752_olive_oil_ramp · TORTS · Choice DLampstand Studio is liable because every outside company that works at a public business is treated as the business’s employee.
Why it's attractive
Students see a business premise and convert outside workers into employees. The word 'every' is the overclaim; nondelegable duty is a narrower route than employee status.
Why it's wrong
The answer says every outside company is treated as an employee.
Spot it next time
Cut 'every' and look for the narrower liability route.
Practice the questions that use this trap as a distractor and get full Wrong Answer Forensics on submit.
Practice questions using this trap →