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BUL 5810 EXAM 2 VIDEO QUESTIONS WITH ANSWERS
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BUL 5810 EXAM 2 VIDEO QUESTIONS WITH ANSWERS...
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BUL 5810 EXAM 2 VIDEO QUESTIONS WITHANSWERS
Assume that Dr. Early is a sales representative for Pharzime, as well as for other
pharmaceutical companies. What would be the main factor in determining whether
he was an employee or an independent contractor for Pharzime? - ANSWER The
degree to which Pharzime controls the details of Dr. Early's work.
Assume that Dr. Early is an independent contractor for Pharzime and was calling
on a doctor at the hospital. The hospital wanted to order some Gensol. Dr. Early
sells some pills to the hospital that he was given as samples and keeps the money
for himself. What duty has Dr. Early violated? - ANSWER The duty of loyalty.
Assume Dr. Early is an independent contractor for Pharzime and that Pharzime
allows Dr. Early to spend money to take doctors who may be interested in buying
Gensol to lunch and other events to entertain them. Pharzime sends a notice to Dr.
Early that it wants to know how much money has been spent in the past two
months on such activities. Dr. Early must give Pharzime this information based on
his: - ANSWER duty of accounting.
Assume that Dr. Early is an independent contractor for Pharzime. Dr. Early sells
the hospital 1,000 Gensol tablets. Pharzime does not deliver on time. The hospital
sues Dr. Early for the breach of contract. Dr. Early is found liable for $10,000
worth of damages. Dr. Early will probably be able to recover the $10,000 from
Pharzime, because of the concept of: - ANSWER indemnification.
What theory of liability could Mr. Melnick use to try to claim damages for his dog?
- ANSWER Respondeat superior makes principals liable for the torts of agents
acting within the scope of employment.
If one of Oscar's trucks did run over Mr. Melnick's dog, is Oscar (or his store)
likely liable for the damages? - ANSWER Yes, if the driver was acting within the
scope of his employment when he ran over the dog.
Assume a court determined the driver was on a detour from his regular duties and
, was negligent when he ran over Mr. Melnick's dog. Who would be liable to
Melnick? - ANSWER Both Oscar (or his store) and the driver.
Would Oscar be liable for Melnick's damages since he did not specifically tell
Vinny that he could drive the truck to the hospital? - ANSWER Yes, because of the
emergency Vinny would have implied authority to drive the truck to the hospital
Assume that Oscar says he would pay for Melnick's dog, even if he was not legally
required to do so, because he thinks the driver did the right thing by driving the van
to the hospital. This decision would make Oscar liable because of: - ANSWER
ratification.
If a court were to find that Dr. Early is an independent contractor for Pharzime,
which of the following is true? - ANSWER Pharzime would be liable for contracts
Dr. Early writes between Pharzime and the hospital, but not liable for torts Dr.
Early commits at the hospital while calling on customers there.
If Herman does not hire Jake, what would Jake have to show to win an Age
Discrimination in Employment Act (ADEA) case? - ANSWER That he was
qualified for the job, he is at least 40 years old, and he was not hired due to his age.
When Herman asks "any more recent employment history? Eliot has been out of
business for 20 years," is he violating the Age Discrimination in Employment Act?
- ANSWER No, since Herman has to determine if Jake is qualified for the job.
Assume for this question that Herman has 55 employees. When Herman asks Sally
about Jake's ability to see, what would be considered? - ANSWER If Herman is
correct and Jake cannot see, Herman would have to make a reasonable
accommodation if Jake could perform the job with the accommodation, but any
requirements for accommodations would be weighed against the undue hardship it
creates to the employer.
Which of the following, if true, would be Herman's best defense against an ADA
claim? - ANSWER There is nothing reasonable that can be done to accommodate
Jake's eyesight.
Is Jake correct when he says that what is relevant is the "experience, not the age"? -
ANSWER Yes, generally the law requires that employers focus on issues relevant
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