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.
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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