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Thursday, November 7, 2013

Legal Environment Cases

Case 19.2 - Independent Contractors The butler Telephone Comp all, Inc. (Butler), poseed with Sandidge bias Company to lay 18 miles of telephone cable in a rural area. In the contract, Butler reserved the constitute to inspect the die for compliance with the terms of the contract. Butler did non hold up how Sandidge performed the work. Johnnie Carl Pugh, an employee of Sandidge, was killed on the job when the sides to an digging in which he was workings caved in on top of him. Evidence expose that the excavation was non properly shored and sloped and that it violated common safety standards. Pughs parents and realm brought a improper close action against Butler. Is Butler conceivable? Pugh v.Butler Telephone Company, Inc., 512So.2d 1317, 1987 Ala. Lexis 4468 (Ala.) Pughs parents and estate brought a wrongful death action against Butler. Is Butler apt? An autarkical contract is determined if the principle hires the other with no or restrict control over t he other. Butler hire Sandidge as a declarer. Pugh was working for Sandidge as an employee who were acting as independent contractor at time of the death. The principle, Butler, is not liable for torts caused by the third gear party/independent contractor.
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The respondent best does not practise to this case since Sandidge is an independent contractor. Because Butler did not have any control on how Sandidge performed their work, there is no ground for Pughs to sue for wrongful death. In fact, Sandidge should be held liable for not meeting safety standards since Mr. Pugh was technically sedulous by Sandige. For a general contractor to be liable for its independent contracto rs acts, it moldiness have the right to cont! rol the means, methods, or details of the independent contractors work. Further, the control must relate to the combat injury the omission causes, and the contract must grant the contractor at to the lowest degree the power to direct the wander in which work is to be done. (A.W.S.N. & Friends,...If you want to get a full essay, order it on our website: OrderEssay.net

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