Also known as: rights of control · right to control
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
Authority retained by a principal to direct an agent's conduct in matters entrusted to the agent. The authority reaches the physical manner of performance when the relationship is that of master and servant.
Interest held by a person entitled to possession of a chattel that is seriously violated when another uses the chattel in a manner exceeding authorization or asserts dominion inconsistent with that interest.
First Amendment protection that permits private organizers of an expressive event to determine which messages the event will convey and to exclude groups whose messages they reject.
Each sense below has its own examples, sources, and questions.
Authority retained by a principal to direct an agent's conduct in matters entrusted to the agent. The authority reaches the physical manner of performance when the relationship is that of master and servant.
Select any source to read its text and confirm it supports the definition.
Redwood Bank hired Riley Rivera to originate commercial loans. The engagement letter required Rivera to obtain the bank's written approval before closing any loan exceeding $500,000 and to follow the bank's underwriting manual on every file. Because the bank retained and exercised the right to control Rivera's conduct on entrusted matters, Rivera functioned as an agent rather than an independent contractor.
Regal Apparel hired Ronald Reed to repaint its warehouse. Reed supplied his own ladders, chose his own hours, and decided the order of rooms without direction from Regal. Because Regal lacked the right to control Reed's physical conduct in performing the work, Reed qualified as an independent contractor rather than a servant.
Roger Ramirez worked as a driver for Redwood Bank, delivering confidential documents. The bank supplied the vehicle, set Ramirez's route each morning, and required him to report his location every hour. The bank's right to control the physical conduct of the driving established a master-servant relationship.
An independent contractor contracts to achieve a result but is not subject to the other's right to control the physical conduct of the work. When the hiring party retains and exercises authority over the manner of performance, the worker is an agent.
Supporting sources
The right reaches matters entrusted to the agent and may include detailed directions on physical conduct when the relationship is master-servant. The principal need not exercise the right constantly. Its existence is sufficient to establish agency.
Supporting sources
Interest held by a person entitled to possession of a chattel that is seriously violated when another uses the chattel in a manner exceeding authorization or asserts dominion inconsistent with that interest.
Select any source to read its text and confirm it supports the definition.
Rising Sun Electronics stored specialized testing machines at Regal Apparel's facility under a bailment limited to storage only. Regal's employees removed the machines and used them on Regal's production line for three weeks. The unauthorized use seriously interfered with Rising Sun's right to control the chattels and exposed Regal to conversion liability.
Robert Rivera borrowed Rita Russell's delivery van for a single afternoon of local errands. Rivera kept the van for ten days and used it to haul construction debris for his own business. Rivera's prolonged exercise of dominion inconsistent with Russell's right of control supported a conversion claim.
A person authorized to make only a limited use of a chattel becomes liable for conversion when the use exceeds that authorization and seriously violates the owner's right to control the chattel. The extent and duration of the interference are key factors in determining liability.
Supporting sources
Courts consider the actor's intent to assert dominion inconsistent with the owner's right, the extent and duration of the exercise of control, the actor's good faith, and the resulting interference with the owner's right of control.
Supporting sources
First Amendment protection that permits private organizers of an expressive event to determine which messages the event will convey and to exclude groups whose messages they reject.
Select any source to read its text and confirm it supports the definition.
Riverfront Developments organized an annual private parade celebrating local commerce. When a political group demanded inclusion of a float criticizing corporate tax policy, the organizers refused. The city's attempt to compel inclusion violated the organizers' right to control the expressive content of their event.
No. Private parade organizers hold a First Amendment right to control the content of their event and cannot be compelled by the state to convey messages they reject. Forcing inclusion violates the organizer's right to shape the expressive content.
Supporting sources
…agree that the corporation’s property interests settle the question.[^maj-2] The State urges in effect that the corporation’s right to control the inhabitants of Chickasaw is coextensive with the right of a homeowner to regulate the conduct of his guests. We cannot accept that contention. Ownership does not always mean absolute…
…boards so that all may read, or by issuing it to newspapers and distributing it indiscriminately, complainant no longer has the right to control
…to justify the doctrine of respondeat superior , see, e. g., 2 F. Harper & F. James, § 26.3, is that liability follows the
…recognized where the purpose of the doctrine of res ipsa loquitur would otherwise be defeated. Thus, the test has become one of right of control
…in his name and likeness which they can assert in connection with the merchandising of products. The right