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business
essentials business law
Questions and Answers of
Essentials Business Law
What is the difference between actual and apparent agency authority?
What is the difference between express and implied agency authority?
Respond Can a person act as an agent without the authority to do so? Explain your answe.
Question What is the difference between an express and implied agreement?
Connect Have you ever needed to be in two places at once? Have you ever been asked to accomplish tasks beyond your expertise? What did you do about it?
Predict Why do you think laws governing agency relationships came into being?
Determine whether hiring an agent via the Internet is different from hiring an agent in a more traditional manner.
Determine the type of agent and how the agency relationship is created.
Research an online agent.
Liability Hoddesons was shopping for furniture at the Koos Brothers Department Store. A man dressed in a suit showed her around the furniture floor, pointing out several pieces of furniture.
Respondeat Superior Elliot was an inmate at the Chillicothe Correctional Institution. While serving his sentence, he was hit in the face by a corrections officer. Because the institution was run by
Phil Nicholson hires Ted McGraw as general manager of the Nicholson Restaurant. In this capacity, McGraw schedules a wedding reception at the restaurant on a Friday night. Nicholson gets upset
Shaun Nyquist works as a radiology technician for Dr. Regina Ingram. The doctor is usually present when Nyquist gives a radiation treatment. One day, however, Ingram tells Nyquist he is on his own.
Joanne Neptune hires Raymond’s Roofers to reshingle her Roof. Neptune tells Raymond what she wants done but leaves the details to Raymond and his workers.While on Neptune’s roof, one of
Gary Sharp, an agent of the State Ranch Insurance Agency, is involved in an automobile accident and cannot run his office.Sharp has his wife, Mona, run the office for three days while he recuperates.
Mary Drouhard sells a set of antique dishes to Betty Sloane. Bruce Richards offers to deliver the dishes and collect the money for Drouhard as a favor. Is Richards an agent?
Uniforms, Ltd. hired Styles as their delivery driver. One morning, while he is supposed to be delivering uniforms to O’Riley’s Bar and Grill, Styles makes a side trip to the Richland Mall to
If your car were damaged in an accident like this, whom would you blame?
Were the former students working as independent contractors or employees?
Who is liable? Explain your answer.
What are some advantages of working as an independent contractor?
How does a servant differ from an independent contractor?
How does a general agent differ from a special agent?
What happens if a principal refuses to ratify the unauthorized actions of an agent?
What is ratification?
How is an agency by estoppel created? What do the circumstances usually involve?
Define the equal dignities rule.
What is negligent hiring and negligent retention?
Explain vicarious liability.
Why is the agency relationship considered powerful?
As a class, select the best essay and post it somewhere in the classroom.
Select one of the articles, and present it to the class.
Discuss the strong aspects of the article and the aspects that need improvement.
Exchange your article with another student in the class so that you can read and critique each other’s articles.
Caterina Gant wants to be a reporter. Imagine that you would also like to be a reporter. Write an article about the creation of an agency and use the terms listed above in your article.
What are the differences among a subagent, a coagent, and an agent’s agent?
What is the difference between a general agent and a special agent?
How are agency relationships created by operation of law?
How are most agency relationships created?
What is the legal doctrine of respondeat superior?
What is the nature of contract liability?
What is the difference between a servant and an independent contractor?
What is an agency relationship?
Can a person injured by an employee sue the employee’s employer?
Can a principal validate a contract made by a nonagent?
Can a nonagent bind a principal to a contract?
How is an agent appointed?
How do the origins of breach of implied warranty actions and strict product liability actions differ?
What inquiry must be made to determine whether a product is defective under the UCC?
What is the New York standard for determining the existence of a design defect?
When may a design defect be actionable under a strict product liability theory?
What was the primary weakness of the breach of warranty theory in product liability cases?
Why was Ford’s argument flawed?
Would you buy this car? Why or why not?
Which car would be the smartest purchase? Why do you think so?
Respond Have you ever been bumped from an airline flight? If so, explain the situation. What type of compensation, if any, did you receive?
Question Do you think credit-card blocking is the best way to ensure that hotel keepers will get the money that is due to them? Is it fair to the consumer?Explain your answer.
Connect Look around your classroom.Can you find at least five trademarks?
Predict What would you do if you found a watch in the cafeteria at school?
What federal or state laws might protect your company’s logo and the domain name of the Web site you’ve created?
What federal or state laws might protect your right to the software you have written for the computers?
What federal or state laws might protect your right to the unique design of your computer?
Negligence Joe Scott left his automobile to be repaired at Purser Truck Sales. The business took the automobile to Lonz Radford to make the repairs, but the car was demolished while in the
Title Pollard found a valuable first edition book that someone dropped on the street. She took the book home and placed it with others in her personal collection of first editions. The owner’s name
Mr. and Mrs. Kirby are registered guests at the Region Hotel. They keep a large sum of cash in their room, even though the hotel provides a safe for guests’ use. If the money were stolen, would the
Lan purchases an airline ticket, complying with all of the carrier’s ticketing, check-in, and confirmation requirements. At the boarding gate, however, she is told that the flight is overbooked,
A shipment of grain is lost when the lake steamer on which it was shipped collides with another boat and sinks. Will the carrier’s claim, that the loss was caused by an act of God, excuse the
Evita copies several pages from some books while doing research for a term paper at the library. She takes the copies home so that she can continue working on the paper. Her brother tells her she
Leigh finds a lady’s purse under her chair at a restaurant. She shows the hostess the purse, and the hostess tells Leigh to keep it.Is the hostess correct? Why or why not?
What can Emily do if you refuse to buy her a new jacket?
Were you required to use slight care or great care during the time you had possession of the jacket?
This situation represents what type of bailment?
Under what circumstances may common carriers refuse goods?
What is credit card blocking, and why is it used?
What is the difference between a transient and a lodger?
Cite methods of acquiring ownership of personal property.
In what way does a mutual-benefit bailment differ from a gratuitous bailment?
What rights does each of the items listed in question 4 grant, and for how long are these rights granted?
Who may obtain: (1) patents, (2) copyrights, and (3) trademarks?
Compare and contrast your speeches. What terms were used by your classmate? What are the differences between your speeches?What are the similarities?
Give your speech in front of a classmate, and listen carefully while your classmate does the same.
Prepare a two-minute speech about personal property and bailment. Use at least 12 of the key terms listed above in your speech.
When does a carrier’s duty of care to its passengers end?
Common carriers are liable for damages to goods unless the damage comes within one of five exceptions. Name the exceptions.
What are the hotel keepers’ duties of care to their guests?
Who has the burden of proof in a bailment lawsuit?
Name the three main types of bailments.
What is a bailment? Who is the bailor, and who is the bailee?
Differentiate between personal and really property.
Describe the difference between a patent, copyright, and trademark.
Cite methods of acquiring ownership of personal property.
Explain the differences between lost, misplaced, and abandoned property.
What are the three requirements of a completed gift?
Give two examples of tangible personal property and one example of intangible personal property.
Does the person who found Naomi’s bag in the library have the legal right to hold it?
Is an airline responsible for lost goods that were stored in an overhead bin on a plane? For luggage checked at the gate?
Is the parking garage responsible for the damage done to Michael’s car? Who has the burden of proving fault?
Did An violate a duty owed to the video store by returning the video a year late?
Did An violate a duty owed to Michael by driving his car out of town?
Can An copy material from a book without violating copyright laws?
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