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4.11 Independent Contractor—Definition

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An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other’s control, or right to control, the manner and means of performing the services.

One who engages an independent contractor is not liable to others for the acts or omissions of the independent contractor.


The second paragraph of this instruction does not apply to non-delegable duties. See the Comment to Instruction 17.9 (Copyright Interests—Work Made for Hire); Cmty. for Creative Non-Violence v. Reid, 490 U.S. 730, 751–52 (1989) (definition of independent contractor).