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Independent Contractor - Distinction
1997- Legal Entities
C - 55.25
Although both an agent and an independent contractor work for another person, there is an important distinction between them. If the person for whom the work is done has the right to control, not merely the result, but the manner in which the work is done, as well as the method used, the person being controlled is an agent.

On the other hand, an independent contractor is one who is allowed to perform without being subject to another's supervision, orders, or control in respect to the details of the work. An independent contractor has absolute control of the work, as well as when and how it will be done and who may do it.

The general rule is that a party is not responsible for the acts or omissions of an independent contractor.
 
Kristianson v. Flying J Oil & Gas, Inc. 553 NW2d 186 (ND 1996)
Fettig v. Whitman, 285 NW2d 517, 520 (ND 1979), rev'd on other grounds, 373 NW2d 859, 867 (ND 1985)
Note: There are occasions when a party may be liable for the acts of an independent contractor. See Fettig, 285 NW2d at 520; Kristianson, 553 NW2d at 188; Fleck v. ANG Gasification Co., 522 NW2d 445, 447 (ND 1994); Madler v. McKenzie County, 467 NW2d 709, 711 (ND 1991); Zimprich v. Broekel, 519 NW2d 588, 592 (ND 1994).