First option: There was much theft occurring before the Revolution and unjustified search was the only way to reclaim goods.
The settlers in the "New World" responded to the strict mercantilist policies of the British Crown by smuggling and taking part in illicit trade. The British would attempt to impose revenue laws, but it was unsuccessful until British authorities made use of writs of assistance (general warrants; allowed the bearer to seize any prohibited goods, and etc).
It should be noted that the tests that can be used to differentiate an employee from an independent contractor include:
- Control test.
- Integration tests.
- Multiple factor test.
A control test simply refers to the level of control that an employer has over the workers. An employee is subjected to orders from the employer unlike the independent contractor.
Integration test implies that the employees are part of an essential group in the organization. Lastly, the multiple-factor test is when various factors are taken into consideration to determine if one is an employee or not. For example, in Short v Anderson (1946), the criteria used were the power of choice, renumeration, etc.
A company is an association of persons that have a common objective of providing services to customers while partnership is an agreement between two or more people to run a business and share its profit.
Lastly, based on the information given, the manager is in breach of his duties. Bribery and corruption aren't part of the principles of a company.
Learn more about independent contractors on:
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Sole Power? Thats all that I can think of
