Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Nettie’s Flower Garden. He had made a slight detour prior to the accident to conduct personal business at a pawnshop and was returning to the flower shop at the time of the accident. Nettie’s set standards for Ferry’s dress and conduct, determined his territory, and set standards for his van. Studebaker brought an action against Nettie’s on a respondeat superior theory on the belief that Ferry was Nettie’s employee at the time of the accident. Nettie's defended that Ferry was an independent contractor, not an employee. Decide. Please answer is the IRAC format                                                                                                                                   Issue: Call of the Question Rule: Rule of Law to be applied to properly answer the question Analysis: Applying the rule of law to the facts of the problem presented Conclusion: Answer to the Issue

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    Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Nettie’s Flower Garden. He had made a slight detour prior to the accident to conduct personal business at a pawnshop and was returning to the flower shop at the time of the accident. Nettie’s set standards for Ferry’s dress and conduct, determined his territory, and set standards for his van. Studebaker brought an action against Nettie’s on a respondeat superior theory on the belief that Ferry was Nettie’s employee at the time of the accident. Nettie's defended that Ferry was an independent contractor, not an employee. Decide.
Please answer is the IRAC format                                                                                                                                   Issue: Call of the Question
Rule: Rule of Law to be applied to properly answer the question
Analysis: Applying the rule of law to the facts of the problem presented
Conclusion: Answer to the Issue

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