chp 14 qs cont.

Lakukan tugas rumah & ujian kamu dengan baik sekarang menggunakan Quizwiz!

A

. Putting a bold disclaimer at the front of the handbook that says it is not a contract and requiring employees to sign the disclaimer is an attempt by businesses to: a. protect themselves from being found to create an implied contract b. protect employees from implied contracts c. protect employees from express contracts d. protect themselves from suits regarding express contracts e. none of the other choices are correct

E

A disclosed principal is a principal whose identity is: a. known to the agent b. unknown to the agent c. unknown to third parties to contracts entered into with the agent d. known to partners e. known to third parties to contracts entered into with the agent

B

According to the California supreme court in Foley v. Interactive Data, employer handbooks: a. never create contractual limits to employment-at-will b. may provide grounds for a breach of employment contract c. are valid only if negotiated before hand with employees d. are invalid due to the management power to write them e. none of the other choices

E

An agency may not be ended by: a. unilateral notice by the agent b. unilateral notice by the principal c. mutual consent by agent and principal d. lapse of agreed-upon time e. all of the other choices may end an agency

E

An agency may not be ended by: a. unilateral notice by the agent b. unilateral notice by the principal c. mutual consent by agent and principal d. lapse of agreed-upon time e. decision of a third party opposed to the agency

E

An auctioneer is an example of a(n): a. agent b. employee c. employee with agency powers d. independent contractor e. agent and independent contractor

E

An employee (servant) who works for an employer (master): a. may not be an agent for the same employer as part of the relationship. b. may not be an independent contractor for the same employer as part of the relationship. c. may not be subject to control of details of work by the employer to retain employee status. d. may not be held responsible for any torts committed in the course of employment. e. none of the other choices

A

An employee of a company, who has good technical knowledge, is concerned that some televisions made by the company may have electrical shorts that could cause fires. Since no one in the company would address the problem, the employee provides evidence of the problem to the media and state attorney general, so consumers can be aware of the problem. If the employee is fired he is unlikely to have: a. a case against the company b. a case against the company unless he was an independent contractor c. a case against the company unless he was a general agent d. a case against the company unless he was a servant e. a case against the company unless an injury does occur to a consumer, in which case the firing will be illegal

E

An employee works for 20 years for a large company and has good job performance. When the company is reorganized, the employee is dismissed because he is "no longer needed." The employee probably has a good suit for: a. breach of implied covenant of good faith b. breach of express contract, since he worked for more than seven years c. tort of interference with contractual relations d. breach of an implied contract e. none of the other choices

E

An independent contractor: a. by law may not serve as an agent for the same employer b. is not liable for torts committed in the course of employment c. may not make contracts on behalf of an employer d. may not work more than one month in any year for one employer e. none of the other choices

E

Anna hires Jack to paint her house. He supplies his equipment and buys the paint for which he will be paid by Anna. One day while Jack is painting Anna invites Tom for lunch. As Tom is walking into the house Jack accidentally drops a can of paint on his head. With respect to agency law, is Anna liable for the harms Jack causes Tom? a. yes, because Jack is a servant b. yes, because Jack is a master c. yes, because Jack is an employee d. no, because respondeat superior applies e. no, because Jack is an independent contractor

B

Attorneys, auctioneers, and other such persons who conduct business on behalf of the principal are examples of: a. agents who are also employees b. independent contractors who are also agents c. independent contractors who are also employers d. agents who are also employers e. none of the other choices are correct

B

Bill is an attorney in Ohio. Marla hires Bill to create a trust for her children. Bill has not been keeping up with developments in trust law, and so creates an inefficient trust. Under recent Ohio law, he could have created a much more beneficial trust. In this case, Bill: a. has violated a duty of loyalty b. has violated a duty of reasonable care c. has violated a duty of obedience d. has violated a duty to account e. may be out-of-date but has violated no duties

B

Cook instructs Chan, her agent, to buy a van for her business. Chan contracts for a van with a third party, who knows that Chan is an agent. If Cook does not like the van and refuses to pay for it, the seller may sue: a. Chan because she did not have authority to enter into a final contract without permission b. Cook because Chan has actual authority to make a contract on behalf of her principal c. Cook if Chan signed the contract expressly on behalf of Cook; that is, the principal was revealed before the contract was made d. Cook but only if Chan has apparent authority to enter into the contract e. no one; there was no valid contract

E

Employment-at-will: a. allows employees to quit their jobs for any reason at any time b. allows employers to discharge employees for any reason at any time subject to contract obligations c. has been restricted by the courts or legislatures in some states that recognize some public policy limitations on the employer's right to fire an employee d. a and b e. a, b and c

A

If an agent or employee commits an unauthorized tort outside the scope of employment: a. the agent or employee is liable to the third party for damages incurred and the principal or employer is not b. both the agent or employee and the principal or employer are liable to the third party for damages incurred c. the principal or employer is liable to the third party for damages incurred and the agent or employee is not d. no one is liable to the third party e. none of the other choices are correct

A

If an employer and employee agree on employment of a certain time, or that job security will be provided, then there is likely: a. an express contract b. an implied contract c. an implied covenant of good faith d. nothing more than employment at-will e. none of the other choices

C

Kurt works for Jeris. One evening Kurt decides to use the company truck to pick up his date. On his way home from the movies, after dropping his date off, Kurt runs a red light and smashes into Bob. Is Jeris liable to Bob? a. yes, because Kurt was her agent b. yes, because Kurt was driving her truck c. no, because Kurt was acting outside the scope of his employment d. no, because Kurt was an independent contractor when not on the job e. no, because Kurt's actions negligent, not intentional

E

Lois was the agent of Lester, who owned a store in Walton, Iowa. While Lester was away on vacation, the Mississippi River reached record flood. As an agent, Lois only had permission to engage in sales at the store and purchase certain items. Faced with the prospect of losing all goods, Lois shipped Lester's inventory to a storage facility 200 miles away, out of the path of the flood waters. This incurred costs, but saved the inventory. Lois acted in: a. violation of her duty of loyalty b. violation of her duty of obedience c. violation of her duty of accounting d. accordance with her duty of accounting e. accordance with her duty of reasonable care

B

Many companies give employees handbooks that discuss company policy and procedures. Legally, handbooks: a. have no legal status; they are merely advisory b. can create binding contractual employment obligations c. are legal documents that, under the NLRA, are a part of the employment contract d. are documents that, at common law, have always been a part of the employment contract e. none of the other choices

D

Suppose a car dealership hires people to sell cars to customers at the dealership. The people who are hired are most likely to be: a. employees only. b. agents only. c. independent contractors only. d. employees and agents. e. employees and independent contractors.

E

Terry hires an agent, Janet, to sell a piece of property for no less than $50,000 with Janet to receive a 6% commission upon sale. Which of the following is Janet legally permitted to do without Terry's consent? a. Janet can sell the property to her brother for $50,000 b. Janet discovers land values in the area are falling rapidly and, not having a chance to consult with Terry, sells the property for $45,000 c. Janet discovers land values in the area are likely to jump up soon and so purchases the property for herself d. any of the other specific choices e. none of the other choices

D

The provides some immunity for a company against content posted or submitted online by third parties, if a company is merely acting as a publisher. a. Communications Privacy Act b. Communications Legitimacy Act c. Communications Reality Act d. Communications Decency Act e. Communications Honesty Act

A

The duty of an agent not to mix personal funds with the funds of the principal is the duty: a. to account b. of loyalty c. to notify d. to perform e. none of the other choices, unless instructed not to do this

E

The principal may hold the third party to a contract, in an undisclosed principal situation, except when the: a. undisclosed principal is expressly excluded as a party to the contract between the agent and the third party b. agent's performance is personal to the contract c. contract, when a negotiable instrument, does not include the identity of the principal or existence of the agency relationship d. undisclosed principal is expressly excluded as a party to the contract between the agent and the third party or the agent's performance is personal to the contract e. undisclosed principal is expressly excluded as a party to the contract between the agent and the third party or the agent's performance is personal to the contract or the undisclosed principal is expressly excluded as a party to the contract between the agent and the third party or the agent's performance is personal to the contract

D

Under the rule of a principal or employer can be liable for the authorized or unauthorized intentional or negligent torts of agents and employees who were acting within the scope of employment. a. fiduciary duty b. indemnification c. agent respondeat d. vicarious liability e. none of the other choices

C

When liability is imposed on an employer for a tort committed by an employee, the liability is based on the rule of law known as: a. contractor liability b. tortious liabilitius c. respondeat superior d. principal duty e. there is no such rule as the employee only is responsible

A

When there is an undisclosed principal, the agent is: a. liable to the third party for the principal's nonperformance of the contract b. not liable to the third party for the principal's nonperformance of the contract c. liable to the undisclosed principal for the third party's nonperformance of the contract d. liable for only half of the damages incurred by the principal's nonperformance of the contract e. none of the other choices are correct

D

Which of the following is a common problem with employee handbooks: a. listing specific offenses for which people may be fired can create the impression those are the only offenses that matter b. failing to change the handbook to comply with state and federal laws as they change c. not giving a clear at-will employment statement d. all of the other specific choices are correct e. none of the other specific choices are correct

D

Which of the following is a common problem with employee handbooks: a. making promises about discipline procedures that are not followed consistently b. failing to change the handbook to comply with state and federal laws as they change c. creating probationary periods that imply permanent status once probation has ended d. all of the other specific choices are correct e. none of the other specific choices are correct

A

Which of the following is a common problem with employee handbooks: a. making promises about discipline procedures that are not followed consistently b. putting a bold disclaimer at the front of the handbook that says it is not a contract c. requiring employees to sign a statement indicating that they have read the disclaimer that says the handbook is not a contract d. all of the other specific choices are correct e. none of the other specific choices are correct

A

Which of the following is a common problem with employee handbooks: a. using boilerplate forms that include material not relevant to the employer b. putting a bold disclaimer at the front of the handbook that says it is not a contract c. requiring employees to sign a statement indicating that they have read the disclaimer that says the handbook is not a contract d. all of the other specific choices are correct e. none of the other specific choices are correct

C

Which of the following is least likely to be an issue in determining if an employer has hired an employee or an independent contractor: a. the specialization or skill of the occupation b. the length of the employment c. the level of compensation d. the nature of the worker's tasks e. where the work is performed

D

Which of the four general factors which bear upon whether a master-servant relationship exists is determinative: a. selection and engagement of the servant b. payment of compensation c. power of dismissal d. power of control e. all of the other specific choices are determinative


Set pelajaran terkait

Science - Skeletal System (What does the skeleton do? Pages 36-40)

View Set

Photosynthesis & Cellular Respiration - Quiz

View Set

Chapter 4 Basics of Behavior Change and Health Psychology

View Set

Introduction to Law: Alternative Dispute Resolution

View Set