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Indemnity Clause:Every independent contractor agreement should feature an indemnity clause. The purpose of this clause is to ensure that the independent contractor will be held liable for any damage or injury resulting from the independent contractor's work performed under the contract.
By contrast, as a general rule, employers are not liable for the acts of independent contractors, however there are several exceptions to the general rule. The reality today is that corporations face many liability issues when dealing with independent contractors and suppliers.
Liability for Agent's Intentional Torts Today, liability for intentional torts is imputed to the principal if the agent is acting to further the principal's business.
In most cases, no. Under the legal doctrine of respondeat superior (Latin for "let the superior answer"), the employer that hired an independent contractor would not be considered the "superior" and thus, would likely not be directly liable for injuries or damages caused by the independent contractor.
The general rule regarding independent contractors states that a person who hires an independent contractor cannot be held vicariously liable for the wrongdoing of the independent contractor. (NYPRAC-TORTS § ).
So an employer is held vicariously liable for an independent contractor if they are negligent in performing their work, in case of strict liability, and when the employer authorizes the work to the contractor.
How do I create an Independent Contractor Agreement?State the location.Describe the type of service required.Provide the contractor's and client's details.Outline compensation details.State the agreement's terms.Include any additional clauses.State the signing details.
If the principal directed the agent to commit a tort or knew that the consequences of the agent's carrying out his instructions would bring harm to someone, the principal is liable. This is an application of the general common-law principle that one cannot escape liability by delegating an unlawful act to another.
7 Tips for Managing Freelancers and Independent ContractorsWhat the Experts Say.Understand what they want.Set expectations.Build the relationship.Make them feel part of the team.Don't micromanage.Give feedback.Pay them well.More items...?
As an independent contractor, you are your own boss. That's the main reason why people decide to set up shop in their home office as a freelancer. If you're a contractor who works out of a client's location, you might work shoulder-to-shoulder with the employees, managers, and bosses of the company you work with.