Question

Joe hires Sam and Toby to paint his barn. Sam decides it would be easier to paint the top of the barn by climbing up a nearby tree and jumping on the roof of the barn. Sam falls out of the tree and hurts a passer-by. As a general rule, under the law of agency, Joe is liable to the passer-by for:

Answer 1

Answer: nothing; because Sam is an independent contractor.

Explanation:

Under the law of agency, an agency is created when an authority is delegated from one individual to another individual whereby such person is appointed to do a particular job.

Based on the information given, Joe is not liable liable to the passer-by because Sam is an independent contractor as he was contracted to Casey out a task. If he was an employee of Joe, then he will be liable.