Also known as:right to control · ability to control · right of control · control test
Written by attorneys · grounded in primary & secondary sources — see below
A legal power held by one party to direct the conduct of another or to regulate the use of a chattel.
Sources & Authorities
How it applies
Common Examples
6
Principal Directs Agent Framing Work
Harborpoint Builders retained RidgeLine Framing under a contract that gave Harborpoint authority to set daily start and stop times, dictate sequencing of tasks, and require compliance with its safety manual. After an accident, a third party sued Harborpoint claiming RidgeLine acted as its agent. The court found Harborpoint possessed the right and ability to control RidgeLine's conduct on the project because the contract reserved power to direct how the framing work was performed.
Catering Company Uses Grill Without Permission
Lena owned a custom grill for her food truck. A catering company hired by an event organizer mistakenly loaded the grill, used it heavily at a banquet, and returned it only after Lena demanded its return. Lena sued the company for conversion. The court held that the company's unauthorized use seriously interfered with Lena's right and ability to control the grill, establishing liability even though the grill was later returned undamaged.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Study Supplements
Parade Organizers Exclude Unwanted Float
Plains Content organized a private freedom-of-the-press parade and selected only approved floats. The city required inclusion of a watchdog organization's float accusing members of bias. Plains Content sued to block the requirement. The court ruled that the organizers held the right and ability to control the expressive content of their event and could not be compelled to include a message they rejected.
Sales Representative Follows Pricing Policies
Cascade Furnishings invited Dana to develop a new sales territory and gave her access to its showroom and catalog while directing her to follow Cascade's pricing and credit policies. A retailer later disputed Dana's authority. The court determined that Cascade and Dana formed an agency because Cascade retained the right and ability to control the manner in which Dana solicited orders on its behalf.
Parent Fails to Supervise Child's Conduct
A parent knew his minor child had a history of reckless behavior with bicycles near a busy street. The child rode into traffic and injured a pedestrian. The injured party sued the parent for negligent supervision. The court found the parent had the right and ability to control the child's conduct and breached the duty to exercise reasonable care to prevent the harm.
Master Controls Servant Physical Conduct
Sigma Indemnity retained Julia as an adjuster and directed her to obtain two repair estimates before settling any claim and to avoid direct contact with represented claimants. Julia settled a claim after obtaining only one estimate and negotiated directly with a represented claimant. Sigma sued Julia for breaching her duties. The court held that Sigma, as master, possessed the right and ability to control Julia's physical conduct in performing the adjustment work.
Common questions
Frequently Asked
3
How does the right and ability to control distinguish an agent from an independent contractor?+
An agency relationship exists when one person consents to act on another's behalf and subject to the other's control. An independent contractor contracts to achieve a result but is not subject to control over the physical conduct of the work. Courts examine whether the purported principal reserved authority to direct the manner and means of performance rather than merely the end result.
Supporting sources
Does labeling a worker an independent contractor prevent a finding of the right to control?+
No. Contractual labels are not dispositive. Courts look to the substance of the relationship, particularly whether the alleged principal retained authority to direct the details of the work. Reserved power to set hours, dictate sequencing, or impose safety rules can establish the right to control despite the label.
Supporting sources
In a conversion claim, how does interference with the right to control affect liability?+
Serious interference with another's right to control the use of a chattel constitutes conversion. A defendant who exceeds authorization in using the chattel or who intentionally exercises dominion inconsistent with the owner's rights is liable, even if the interference is temporary or results from a good-faith mistake.
Supporting sources
248 U.S. 215 (1918)Property
…boards so that all may read, or by issuing it to newspapers and distributing it indiscriminately, complainant no longer has the right to control the use to be made of it; that when it thus reaches the light of day it becomes the common possession of all to whom it is accessible; and that any purchaser of a newspaper has the right to…