Restatement of the Law (Second) Agency (1958)

  

 

Sec. 1      Agency; Principal; Agent

(1)    Agency is the fiduciary relation which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act.

(2)    The one for whom action is to be take is the principal.

(3)    The one who is to act is the agent.

 

 

Sec. 2      Master; Servant; Independent Contractor

(1)    A master is a principal who employs an agent [a worker, who may or may not be an agent] to perform service in his affairs and who controls or has the right to control the physical conduct of the other in the performance of the service.

(2)    A servant is an agent [a worker] employed by a master to perform service in his affairs whose physical conduct in the performance of the service is controlled or is subject to the right to control by the master. [He may or may not be an agent.]

(3)    An independent contractor is a person who contracts with another to do something for him but who is not controlled by the other nor subject to the other's right to control with respect to his physical conduct in the performance of the undertaking.  He may or may not be an agent.