Contractor Freedom: The Legal Meaning Of ‘Manner And Means’ In Your Contract
This contract term outlines the autonomy and independence of the Independent Contractor in performing their work.
Here’s what it means:
- Staying Within the Scope of Work:
The Independent Contractor must follow the agreed-upon tasks and responsibilities as defined in the “Scope of Work” section of the contract. This means they are obligated to complete the specific duties outlined in the agreement. - Sole and Absolute Discretion:
The Independent Contractor has the freedom to decide how they will complete their tasks. This includes choosing the methods, tools, strategies, or processes they believe are most appropriate for fulfilling their responsibilities. - Manner and Means:
The contractor controls both the manner (how the work is carried out) and the means (the tools or resources they use) to complete the work. For example, if the contractor is hired to write content, they decide how to research, write, and edit it, as long as the deliverables align with the agreed-upon terms. - Independent Relationship:
This clause reinforces that the contractor is not an employee. Unlike employees who may be directed on the specific details of their work by a manager or employer, the contractor operates independently, as long as they meet the agreed-upon goals or results in the contract.
Key Takeaway:
The contractor has the freedom to perform their duties without micromanagement or interference from the hiring party, provided their actions stay within the defined Scope of Work. This language is common in agreements to clarify that the contractor is independent and not subject to the same level of control as an employee.
