Legal Definitions - nonservant agent

Definition: A nonservant agent is a person who agrees to act on behalf of another (the principal) but is not subject to the principal's control over how the task is performed. This type of agent is not liable for physical torts, and the principal is not responsible for the agent's actions.

Example: A freelance graphic designer hired by a company to create a logo is a nonservant agent. The designer is not an employee of the company and is not subject to the company's control over how the logo is created. The company is not liable for any physical harm caused by the designer during the logo creation process.

Explanation: The example illustrates how a nonservant agent is not under the control of the principal and is not liable for physical torts. The freelance graphic designer is an independent contractor who is hired to perform a specific task and is not an employee of the company. Therefore, the company is not responsible for any physical harm caused by the designer during the logo creation process.