Deck 1: Employment Relationship

Question 1

A lawyer who has his/her own practice would be regarded as an independent contractor.

Answer 1

True

Question 2

An employer has direct control over the work performed by an independent contractor.

Answer 2

False

Question 3

An employee and an independent contractor may be the same.

Answer 3

False

Question 4

Implied authority is the authority the employee professes to have which induces a reasonable person to believe in the employee.

Question 5

An employment relationship is a fiduciary one, based on trust and confidence.

Question 6

An employee may keep funds received in his or her own account so long as he or she keeps an accurate record to justify it.

Question 7

An employee is entitled to the reasonable value for services performed if no fee was agreed upon.

Question 8

An employer will be liable to an employee for any injuries sustained because of tools or equipment that were not in proper working order.

Question 9

An injunction can never be granted in personal service contracts.

Question 10

The original Bond is back with Sean Connery contracting to play 007 in Never Say Never Again. If Connery refused to play the part and left to act in another film, the producer, could get an injunction.

Question 11

A non compete clause which restricts competition throughout the U.S. would be too broad.

Question 12

A non compete clause which restricts competition throughout an entire city would be acceptable.

Question 13

A non disclosure clause allows an employee to work for a competitor, but restricts the disclosure of certain information.

Question 14

An employer is liable for the intentional torts of its employee regardless of whether the torts were committed during the scope of employment.

Question 15

An employee is always liable for the intentional torts he commits even if the torts were committed during the scope of employment.

Question 16

An employee will be personally liable to the third party when he or she acts without actual or apparent authority.

Question 17

An independent contractor is under the direct control of the person hiring him/her.

Question 18

Employers do not pay employees for their lunch break because employers do not want to be liable to employees or third parties for injuries or damages that happen during lunchtime.

Question 19

If an employee acts without authority and a third person justifiably relies on the employee's authority, this is called:

A) actual authority
B) apparent authority
C) implied authority
D) none of the above

Question 20

When a physician performs an operation, this would be considered what type of contract?

A) real property
B) sales
C) personal service
D) none of the above

Question 21

Herb, an oral surgeon, is employed to work in Steven's oral surgery practice subject to a restrictive covenant for five years with a $40,000 bond to secure it. The next year Herb opens his own office across the street where he practices dentistry and oral surgery. In a lawsuit brought by Steven, Herb will be enjoined from practicing ________

A) dentistry
B) oral surgery
C) both
D) neither

Question 22

In 19, Steven is entitled to ________.

A) injunction
B) $40,000
C) loss of profits
D) a & b
E) a & c

Question 23

If Dereck Jeter while under contract decided to switch from the Yankees to the Mets, the Yankees best remedy would be

A) specific performance
B) injunction
C) rescission
D) money damages

Question 24

Once the employer approves the unauthorized acts of the employee and this is communicated to the third person, can the employer change his or her mind?

Question 25

In Case 1.6, DCS Sanitation Management v. Eloy Castillo,

A) the court would not enforce the noncompetition clause because it would stop the employee from working in his field of expertise
B) the employees posed no threat of monetary harm to the employer
C) the employee would be prevented from using information that belonged just to his employer for his own use or for the use of his new employer
D) all
E) a and b

Question 26

In Case 1.3, Douglas Schultz v . Capital International Security, Incorporated, the employer claimed the workers were independent contractors because the employer did not want to

A) pay benefits
B) overtime pay
C) withhold taxes
D) be liable for the workers' actions.

Question 27

When a person changes his or her position in reliance on a promise, the person making the promise will be stopped from asserting that there is no consideration to enforce the contract. This is known as the doctrine of ________.

Question 28

An ________ prevents a party breaching a contract from rendering the same performance elsewhere.

Question 29

________ is an omission to act which proximately causes injury to another.

Question 30

________ is the approval given by the employer to the unauthorized acts of an employee.

Question 31

An employer is liable for the torts committed by his or her employee if the tort is committed within the ________.

Question 32

A ________ clause allows an employee to work for a competitor, but restricts the disclosure of certain information.