Bar Exam Uniform Quiz
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BUSINESS ASSOCIATIONS AND RELATIONSHIPS
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A resort hotel hires a musician to play piano in its lobby lounge every Friday and Saturday night. The musician has a written contract for a one-year term. The hotel provides the piano but the musician brings his own sheet music. The hotel manager specifies the start and end times for the music, and can request certain types of music (e.g., 'more upbeat songs'), but does not dictate the specific songs played. The musician is paid a fixed amount each week. One evening, the musician negligently knocks over his water glass, which spills on the floor. A guest slips on the water and is injured. The guest sues the hotel.
Is the musician likely to be considered an employee of the hotel for purposes of vicarious liability? Select one.
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