Legal Definitions - Master and Servant

The term Master and Servant is an older, somewhat antiquated legal phrase used to describe a relationship where one party has control over another, typically in an employment context. While the language itself is rarely used in modern legal discourse due to its antiquated connotations, the underlying legal principles it represents are still highly relevant in both employment law and agency law.

In this relationship:

• The Master is the party who has the authority to direct and control the work of another. In contemporary terms, this is usually an employer or a principal.
• The Servant is the party whose work is directed and controlled by the master. This typically refers to an employee or an agent.

The core idea is that the master exercises significant power and control over the servant's actions within the scope of their work. This concept is particularly important when determining whether the master can be held legally responsible for the servant's actions, especially if those actions cause harm to a third party.

Here are some examples illustrating the concept of Master and Servant:

• Construction Company and Crane Operator: Imagine a large construction company (the master) that employs a crane operator (the servant) for a building project. The company provides the crane, sets the work schedule, dictates safety protocols, and supervises the operator's tasks. If the crane operator, while performing their duties, negligently causes a heavy load to drop and damage a neighboring property, the construction company could be held legally responsible for the damage. This is because the company, as the master, had control over the operator's work and the circumstances under which it was performed.

• Restaurant Owner and Head Chef: Consider a restaurant owner (the master) who hires a head chef (the servant) to manage the kitchen and prepare meals. The owner determines the menu, sets the operating hours, provides the ingredients and kitchen equipment, and expects the chef to adhere to specific culinary standards and health regulations. If the head chef, through negligence in food preparation, causes a customer to suffer from food poisoning, the restaurant owner might be held liable for the customer's illness. The owner's control over the chef's work environment and duties establishes the "master and servant" relationship for liability purposes.

• Home Healthcare Agency and Caregiver: A home healthcare agency (the master) employs a caregiver (the servant) to provide in-home assistance to an elderly client. The agency assigns the client, develops the care plan, provides training, and monitors the caregiver's performance through regular check-ins. If the caregiver, while on duty, fails to administer prescribed medication correctly, leading to harm for the client, the home healthcare agency could be held accountable. The agency's oversight and direction of the caregiver's duties demonstrate the control characteristic of the master-servant relationship.