Question 1

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 ________

Accepted Answer

Restrictive covenants are generally enforceable to the extent they are reasonable and necessary to protect legitimate business interests. Since Herb was employed as an oral surgeon, the covenant likely applies to oral surgery, not general dentistry.

Question 2

In 19, Steven is entitled to ________.

Accepted Answer

The answer of In 19, Steven is entitled to ________.
...

Question 3

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

Accepted Answer

An injunction would prevent Jeter from playing for the Mets, as specific performance is not applicable for personal service contracts like sports contracts.

Question 4

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?

Accepted Answer

Once the employer approves the unauthorized acts of the employee and communicates this approval to the third person, the employer cannot change their mind as it creates a binding agreement or ratification.

Question 5

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

Accepted Answer

The court would not enforce the noncompetition clause because it would stop the employee from working in his field of expertise (A) and the employees posed no threat of monetary harm to the employer (B).

Question 6

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

Accepted Answer

The answer of In Case 1.3, <i>Douglas Schultz v ....

Question 7

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 ________.

Accepted Answer

The answer of When a person changes his or her...

Question 8

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

Accepted Answer

The answer of An ________ prevents a party breaching a...

Question 9

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

Accepted Answer

The answer of ________ is an omission to act which...

Question 10

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

Accepted Answer

The answer of ________ is the approval given by the...

Question 11

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

Accepted Answer

The answer of An employer is liable for the torts...

Question 12

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

Accepted Answer

The answer of A ________ clause allows an employee to...

Quiz 1: Employment Relationship