The essential distinction between a servant and an independent contractor may be shown by the following tabular form .
Servant . |
Independent contractor . | |
1. | A servant works under the supervision and direction of his master as his agent . | An independent contractor does not work under supervision and direction of any one , he is master of his own . |
2. | A servant is supposed to comply his master’s direction because he is employed by him . | But an independent contractor is to exercise his own discretions as to the manner to complete the work. |
3. | A servant is always bound to comply the orders of his master . | On the other hand , an independent contractor is bound by the terms and conditions of his contract . |
The points of distinctions mainly lie in the existence of the right to control .