Question 1

Desmond is Cassandra's agent. Despite ethical concerns, Cassandra's legal duties to Desmond do not include&#10;A) compensation.&#10;B) cooperation.&#10;C) loyalty.&#10;D) reimbursement.

Accepted Answer

C

Question 2

Paisley works for Rick's Air Conditioning & Heating Service. Reasons for holding Rick's liable under the doctrine of respondeat superior for Paisley's tort injuring Nikki do not include the employer's&#10;A) ability to afford Nikki more effective relief.&#10;B) ability to pay for Nikki's injury.&#10;C) control over Paisley.&#10;D) guilt or innocence.

Accepted Answer

The doctrine of respondeat superior holds an employer liable for the torts of an employee committed within the scope of their employment. The employer's ability to pay or control over the employee is irrelevant to this doctrine. The only relevant factor is whether the employee was acting within the scope of their employment. Therefore, choice D is not a reason for holding Rick's liable.

Question 3

AgriEquip Service & Supply, Inc., sends Merilyn an e-mail in which AgriEquip offers to employ her for certain hours and a specific amount of money over a limited period of time. She responds with a counteroffer that reduces the hours and increases the money. AgriEquip e-mails an acceptance. Merilyn performs, but AgriEquip refuses to pay. She files a suit against AgriEquip for breach of contract. The court is most likely to rule that the e-mail

A) showed only an agreement to agree.
B) was an agreement to the essential terms of an employment contract.
C) constituted an unenforceable, non-existent contract.
D) contained a contract but is unenforceable because it is electronic.

B

Accepted Answer

Merilyn's response to AgriEquip's original offer constitutes a counteroffer, which AgriEquip accepted through an e-mail. Therefore, the e-mail constituted an agreement to the essential terms of an employment contract and is enforceable.

Deck 59: for Unit Seven