Legal Definitions - Master and Servant

Definition: Master and Servant is a term used in employment law and agency law to describe the relationship between an employer and an employee or an independent contractor. In agency law, a master is a principal and a servant is an agent. This term is not commonly used in modern employment law.

Example: In the case of O’Connor v. McDonald’s Restaurants, the court assessed the extent of tort liability that an employer (master) had for an employee’s (servant) actions taken during the course of employment, through the doctrine of respondeat superior. This means that the employer can be held responsible for the actions of their employee if they were acting within the scope of their employment.

Explanation: The example illustrates how the term "Master and Servant" was used in an older case to determine the liability of an employer for the actions of their employee. The doctrine of respondeat superior holds the employer responsible for the actions of their employee if they were acting within the scope of their employment. This means that the employer has a duty to ensure that their employees are acting in a responsible and lawful manner while on the job.