Final Answer:
Yes, FedEx may be held liable for the other driver's damages because the level of control exercised by FedEx over Novak suggests an employer-employee relationship, not an independent contractor arrangement. The contractual terms, prescribed work hours, use of FedEx uniform and equipment, and control over work details could lead to the legal classification of Novak as an employee, making FedEx potentially responsible for his actions during work duties.
Step-by-step explanation:
The circumstances surrounding Novak's relationship with FedEx, as outlined in the contract and work arrangement, indicate a significant level of control exerted by FedEx over Novak's work. While the contract designates Novak as an independent contractor, the prescribed work hours, specific workdays, and the requirement to wear a FedEx uniform suggest a degree of control typical of an employer-employee relationship. Furthermore, Novak's use of the FedEx truck, tools, and equipment during the course of his work reinforces the notion that he was acting as an agent of FedEx.
In the legal context, the classification of Novak as an independent contractor or an employee is crucial in determining liability for his actions. Courts often consider factors such as the degree of control, the method of payment, and the provision of tools and equipment. In this case, the extensive control exercised by FedEx over Novak's work, coupled with the tools and resources provided, may lead to a reclassification of Novak as an employee rather than an independent contractor.
As a result, if Novak is found at fault in the accident while performing duties within the scope of his employment, FedEx could be held vicariously liable for the damages caused by Novak's actions, as it appears that Novak was acting as an employee rather than an independent contractor under the circumstances.