servant

Servant is an antiquated term used to refer to an employee—and not an independent contractor . Employees are distinct from independent contractors in that employees do not retain control over how they do their work. Under the “master-servant” rule, an employer (master) is vicariously liable for the negligence of an employee (servant) when the employee is acting in an employment capacity under the doctrine of respondeat superior . Under this doctrine, the employer need not be aware of the employee’s activity in order to be held liable for their actions.

[Last updated in August of 2021 by the Wex Definitions Team ]

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