Business Law Study Guide Questions
and Answers
The written application for permission to incorporate that is approved by a state official .
- ANSWER-Corporate Charter.
Define an independent contractor. - ANSWER-One who contracts to do jobs and is
controlled only by contract as to how performed.
Is a removal service an agent of a funeral home if contracted to make removals? If so,
what type of agent is the removal service? - ANSWER-Special Agent.
What is a negotiable instrument? - ANSWER-A document of payment, such as a check.
What are the three requirements of a valid offer? - ANSWER-1. The offer must be
definite.
2. The offer must appear to be seriously intended. 3. the offer must be communicated to
the offeree.
A legal form of organization whereby a legal entity is authorized by a state to operate. -
ANSWER-Corporation.
Differentiate between a void and a voidable contract. - ANSWER-A void contract is of
no legal effect, which means it cannot be enforced by either party.
A voidable contract is legal, but may be set aside by one or both parties.
List the disadvantages of a partnership. - ANSWER-Lack of continuity.
Decisions are binding on both parties.
Frozen investments.
Collateral is used for the business debt that may be taken if one partner makes a bad
decision.
Unlimited liability of general partners.
Possibility of unsatisfactory division of profits.
Possibility of managerial difficulties - if there is divided control, employees will not know
which of the partners to listen to if the partners disagree.
Define a legal offer. - ANSWER-A proposal to make a contract.
A business organization that is recognized by the law as having a separate legal
existence. - ANSWER-Legal Entity.
, A document specifying the number of shares owned by a stockholder. - ANSWER-Stock
or Stock Certificate.
Define fungible goods. - ANSWER-Goods of a homogeneous nature sold by weight or
measure.
Define Caveat Emptor. - ANSWER-Let the buyer beware.
Insurance that protects a firm against claims that its product caused bodily injury or
property damage to the user. - ANSWER-Product Liability Insurance.
List the duties owed by an agent to a principal. - ANSWER-Loyalty and good faith.
Obedience.
Reasonable skill and diligence.
Accounting Information.
For a person to recover damages due to a negligence tort, what 4 things must be
proven? - ANSWER-1. A duty of a tortfeasor. 2. Breach of that duty.
3. The breach was the actual and proximate cause of the injury.
4. Injury or damage.
List the duties owed by a principal to an agent. - ANSWER-Compensation.
Reimbursement. Indemnification.
Abidance by the terms of the contract.
Define a deed. - ANSWER-A writing conveying title to real property.
List the advantages of a corporation. - ANSWER-Continuity in existence.
Ease of ownership.
Limited liability.
Large financial capability.
Specialized management - since large companies can hire people to handle specific
areas of management.
Legal entity - the company is considered separately from the personal assets of the
owners.
What are some common ways to manage the risk associated with a funeral home? -
ANSWER-1. Eliminate Risk.
2. Minimize Risk.
3. Shift the Risk.
4. Absorb the Risk.
What is meant by self insurance? - ANSWER-All of us practice a form of self insurance
if we have a savings account for a rainy day. Self-insurance means putting some funds
aside to be used if needed during an emergency.