Master and Servant Law Law & Legal Definition


Master and servant is a term used to describe the legal relationship between an employer (master) and employee (servant) for purposes of determining an employer's liability for acts of an employee. A master and servant relationship is determined based upon the amount of control the employer exercises over the service provide by the employee. A master will be liable for acts of an employee committed while within the scope of employment. Such liability attaching to an employer due to acts of an employee is called vicarious liability.

This is distinguished from a relationship between an employer and independent contractor. An employer is generally not vicariously liable for acts of an independent contractor, whether or not they were done within the scope of employment.