In Chapter 34, read Case 34-2 Doe v. Uber and discuss the following:
What facts would support the victims' claim there is an agency/employment relationship between Uber and its drivers? Why does it matter whether the drivers are considered legal agents instead of independent contractors? Do you believe that drivers for companies such as Uber are truly independent contractors? Why or why not? Be sure to define all relevant terms and legal concepts in your discussion.
It matters whether the drivers are considered legal agents instead of independent contractors because independent contractors have more independence than employees. The fact that supports the victims' claim there is an employee/agency relationship is that Uber is control of pricing and can modify charges. Uber is also in charge of all customer information and can terminate a driver at will. Under respondent superior, or the principle by which liability for harm caused by an agent/ employee is held by the principal/ employer", (Kubasek et al., 2020) the principal is liable for employee's behaviors while acting on behalf of the employer, or that the wrongful act occurred within the scope of employment. The employer, Uber, has vicarious liabilities which is known as, responsibility imposed on a person, a party, or an organization for damages caused by another; most used in relation to employment, with the employer held vicariously liable for the damages caused by its employees.
I do not believe that Uber drivers are independent contractors: Uber has considerable amount of control of how Uber drivers go about driving potential customers to their destinations. Independent contractors are hired to do a job and use their own tools that are not dictated to be a certain way by the principal. Uber has many regulations like how old a car is, that drivers are to go by. Also, Uber has liability insurance for drivers that cover drivers while using the app and there are passengers in the vehicle. However, once the trip stops, so does the coverage. As in the Doe case, subsequent events took place while the driver was technically and presumably acting as an agent for Uber.