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Devon hires Rex to do odd jobs around his house on a fairly regular basis. Over the past year, Rex worked an average of 6
Devon hires Rex to do odd jobs around his house on a fairly regular basis. Over the past year, Rex worked an average of 6 hours per week for Devon performing a variety of tasks which included gardening, house painting, snow removal and minor household repairs. Devon also works for a number of other homeowners in the community performing similar tasks for them on a regular basis. He is paid a flat hourly fee by Devon and uses his own tools in the performance of his job. During a late October afternoon while performing leaf pickup for Devon, Rex decides to gather leaves in a large steel drum and burn them without Devon's knowledge or consent. A gust of wind carries a burning leaf to Angela's house next door, starting a fire that causes extensive property damage. Is Devon responsible for the damage? What is the main issue on which this answer depends? Oa. Rex is an employee of Devon, and Devon is thus responsible for Rex's negligence O b. Rex is an employee of Devon, but Devon is not responsible because Rex was acting outside the scope of his employment Oc. Rex is an independent contractor and Devon is not responsible for his negligence. Od. Rex is an independent contractor, but Devon is responsible because Rex was acting outside the scope of his employment Oe. None of the above
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