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Maria Intends to Create a New Business, but She Is

Question 43

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Maria intends to create a new business, but she is worried that some of her workers may commit torts on the job.She therefore has asked you about employees and independent contractors.You should tell her that


A) employees are always paid less than independent contractors because of the doctrine of vicarious liability.
B) independent contractors are vicariously liable for employer's torts, but employees are not.
C) an employer may be held vicariously liable even if a worker did not follow all of the employer's instructions.
D) an employer can be held vicariously liable for an employee's torts, but only if the employer failed to properly instruct the employee.
E) an employer can avoid vicarious liability by ensuring that all of its records refer to workers as "independent contractors."

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