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Mortuary Science Professional Review Business Law Study Guide Questions and Answers

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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.

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Institution
Mortuary Science
Course
Mortuary Science

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Mortuary Science Professional Review
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.

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Institution
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Course
Mortuary Science

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