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Legal Definitions - independent
Definition of independent
In legal terms, independent describes a state of being free from the control, influence, or reliance of another party or entity. It signifies autonomy, self-governance, or a separate, distinct existence.
Here are a few examples to illustrate this concept:
Example 1: An Independent Auditor
When a publicly traded company needs its financial statements reviewed, it hires an independent auditor. This auditor is a firm that is not owned by, employed by, or otherwise financially tied to the company being audited. Their role is to provide an unbiased opinion on the company's financial health, free from any pressure or influence from the company's management. This ensures the audit findings are credible and trustworthy for investors and regulators.
Example 2: An Independent Contractor
A graphic designer who works for multiple clients, sets their own hours, uses their own equipment, and is paid per project rather than a regular salary, is typically considered an independent contractor. Unlike an employee, they are not subject to the direct control of a single employer regarding how, when, or where they perform their work. This distinction has significant implications for taxes, benefits, and legal responsibilities.
Example 3: An Independent Clause in a Contract
Many contracts include a "severability clause" which states that if one part or provision of the contract is found to be illegal or unenforceable, the remaining parts of the contract will still remain valid and in effect. In this context, the valid provisions are considered independent of the unenforceable one, meaning their enforceability does not depend on the enforceability of the problematic clause.
Simple Definition
In legal contexts, "independent" describes something or someone not subject to the control, influence, or direction of another party or entity. It signifies autonomy, self-governance, or a separate existence that is not reliant upon or contingent on something else.