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BUL5810 - Exam 2 Video Questions With Correct Answers 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? - answerThe degre...

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  • September 4, 2024
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  • 2024/2025
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©THEBRIGHTSTARS 2024


BUL5810 - Exam 2 Video Questions With
Correct Answers


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.

, ©THEBRIGHTSTARS 2024

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 to the job
only.
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.
Does it matter that Tony's father had nothing to do with supporting him when he was growing up
if he tries to take leave under the Family and Medical Leave Act (FMLA)? - answer✔✔No,
Tony's relationship with his father would be automatically covered by the FMLA statute.
When determining whether or not Rally Motors must provide FMLA benefits, does the number
of employees of the company matter? - answer✔✔Yes, Rally Motors must to have at least 50
employees for Tony to qualify for FMLA benefits.

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