One is a servant who is employed by a master to perform service in his affairs and whose physical conduct in performance of the service is controlled by the master.

Explanation

(English-origin maxim.) The defining feature of the master-servant relationship is the master's right to control the physical conduct of the servant's performance — cite this to distinguish an employee from an independent contractor.

Where this applies

• A company hires a worker and controls exactly how and when he performs every task; the court classifies him as a servant — not an independent contractor — because the master controls the physical conduct of the work.
• A hospital directs a janitor's schedule, methods, and specific duties; when the janitor injures a patient through negligence, the hospital is liable because the janitor is a servant under its physical control.
• A ride-sharing company argues its drivers are independent contractors, but the court finds the company controls routes, pricing, and performance standards, making the drivers servants under this definition.