Master-servant relationship without that master

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Question

Is it possible for a franchisor to have a degree of control consistent with the master-servant relationship without that master- servant relationship arising as a matter of law? What other requirement, if any, must be satisfied? See Restatement (Second) of Agency § l quoted by the court. To put the issue another way, does it seem to you that the defendant might have prevailed even if it had lost on the control issue? In other words, did the defendant have another, unused, string to its bow?

Reference no: EM133653943

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