Legal Definitions - master–servant relationship

The term master–servant relationship describes a legal arrangement where one party, historically called the "master" (now typically referred to as the employer), has the right to control the physical conduct of another party, the "servant" (now typically the employee), while the servant is performing work for the master. This relationship is characterized by the master's ability to dictate not only the tasks to be performed but also the specific methods and means by which those tasks are accomplished. This concept is crucial in determining liability, as an employer can often be held responsible for the actions of an employee who is acting within the scope of their employment.

• Example 1: Construction Site Supervisor and Laborer

  A construction company hires a laborer to dig a trench. The company's site supervisor provides the specific tools, marks the exact location and depth for the trench, and frequently checks on the laborer, offering instructions on the digging technique and safety procedures. If the laborer, while following these instructions, negligently causes a piece of equipment to fall and injure a passerby, the construction company could be held liable.

  This illustrates a master–servant relationship because the construction company (master) exercises direct control over the laborer's (servant's) physical actions and methods of work, dictating not just the task but also how it is performed.

• Example 2: Restaurant Owner and Delivery Driver

  A local pizza restaurant employs a driver to deliver orders. The restaurant provides the delivery vehicle, sets the delivery routes, mandates specific timelines for deliveries, and requires the driver to wear a company uniform and follow strict customer service protocols. If the driver causes a traffic accident while on a delivery run, due to a momentary lapse in judgment, the restaurant might be held responsible for the damages.

  Here, the restaurant (master) controls the delivery driver's (servant's) physical conduct, including the vehicle used, the routes taken, and the manner of interaction with customers, demonstrating the core elements of this legal relationship.

• Example 3: Homeowner and Professional Gardener

  A homeowner hires a professional gardener to maintain their elaborate garden. The homeowner provides detailed instructions on which plants to prune, how to fertilize specific beds, and even dictates the type of tools to use for certain tasks, supervising the gardener's work throughout the day. If the gardener, while following the homeowner's specific instructions for using a particular chemical, accidentally damages a neighbor's property, the homeowner could potentially be held liable.

  This scenario shows the homeowner acting as the "master" by directing the gardener's (servant's) physical actions and work methods, extending beyond merely stating the desired outcome to controlling the means of achieving it.