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NeCede's

Maxim 4.3.15

Free servants are in general all free persons who let, hire, or engage their services to another.

Source: Black's, 2d. 1075; Weisman, 96c Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Any free person who voluntarily hires out his services to another is classified as a servant for purposes of the master-servant relationship — cite this to establish the employment relationship and the duties flowing from it.

Where this applies

  • A freelance graphic designer signs a contract to work exclusively for an advertising firm for six months; the court classifies her as a servant who has hired out her services, establishing a master-servant relationship.
  • A handyman agrees to perform regular maintenance for a property management company under their direction; the court holds he is a free servant who has engaged his services to another.
  • A private nurse is hired by a family to care for their elderly parent; by letting and engaging her services, she becomes a servant for purposes of the employment relationship and its legal duties.

Legal domains

Cite this maxim

NeCede Max. 4.3.15 — Free servants are in general all free persons who let, hire, or engage their services to another. — Black's, 2d. 1075; Weisman, 96c

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