Academic Paper: Provisions of Common Law
Provisions of Common Law
The common law stipulates that, the greater an employer’s control over the agent’s work, the more it is likely that the agent is an employee. However, if the employer has insignificant control over work of the agent relationship ceases to be considered an employer-employee agency. A second key consideration finds out, whether the employer legally withholds taxes from payments to the worker.
In regard to the relationship between Blatt and Scott, the court is likely to hold that, Scott was an independent contractor. The fact that Scott financed her own office and the staff, was paid according to performance, had no taxes withheld from her checks, and could legally sell products of Massachusetts Mutual’s competitors is enough to conclude that she was an independent contractor. Moreover, under the doctrine, of common law, Blatt (principal) is, therefore, bound to meet the following legal obligation in respect to his breached agency with Scott (agent). Blatt is expected to pay Scott remuneration and or commission for the work she did. However, where there are no express provisions covering remunerations of the agent, a court is expected to imply a reasonable sum in respect to the service offered. Provisions of common law state that, where an agent is entitled to his compensation on the occurrence of some future activity, he will be entitled to it only if that event takes place.
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