Question
a) Which of the following would make the court more likely to find that a person is an independent contractor rather than an employee? A.
a) Which of the following would make the court more likely to find that a person is an independent contractor rather than an employee?
A. The person supplies his/her own materials
B. The person works at the company's office
C. The company controls the person's means of performing the work
D. The person gets paid on a regular basis
b) A group of friend from New York decide to play a friendly game of football on Thanksgiving. Rachel has never played football before, and is not very good. But her team is behind, and out of desperation, Monica decides to give Rachel the ball. Rachel freaks out because she is about to be tackled, and throws the football back to Monica at point-blank range, hitting her square in the eye. Monica sues Rachel for negligence. What is Rachel's best defense?
A. She was not the in-fact cause of Monica's damages
B. Monica assumed the risk when she agreed to play football
C. She was not the proximate cause of Monica's damages
D. Monica was comparatively negligent
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