Question
1.The distinction between an independent contractor and an employee is not always clear. What are the risks associated with having independent contractors classified as employees?
1.The distinction between an independent contractor and an employee is not always clear. What are the risks associated with having independent contractors classified as employees?
2.Tom has been employed as a sales manager for Vanessa's Used Cars for more than twenty years. Economic conditions in the car business have worsened, and Vanessa believes she needs to terminate Tom's employment. She receives legal advice that based on Tom's age, length of employment, and character of employment and on the availability of similar employment given his education, training, and experience, Tom should receive eighteen months' notice of termination. Vanessa believes that once she provides Tom with notice of termination he will not be an effective sales manager and that she will lose more business during the year and a half in which Tom remains as her sales manager. What options does she have as far as the manner in which she provides this notice? Discuss the options Vanessa has in dismissing Tom.
3.Discuss with example the principle of agency law where the scope of an agent's authority to enter into contracts for a principal is extended so as to permit the agent to do the job which the principal hired him or her to do?
4.MacDonald Auto Group of Sydney, ON, offered a $100 000 prize as part of its fiftieth anniversary celebrations. The names of those who purchased a car in the previous year were entered into draw with five selected as finalists. One of the five would receive the grand prize and others would receive gift certificates for car detailing.
Kenneth Binge of Muskcoca was one of the five finalists. On the day of the draw, his spouse, Jane Binge, attended on his behalf. Prior to the draw, one of the finalist suggested that they should split the prize so that each would be guaranteed $20,000. All five (including Jane Binge) agreed to this proposal, although Jane later stated that she did so reluctantly. The finalists met with the accountant for the MacDonald Group and each signed a waiver indicating they each represented a named finalist. At this time, the parties again confirmed their agreement to split the prize. The finalist returned to the showroom where the draw took place. Kenneth Binge who was represented by his wife, Jane - was the winner. When the winner did not share the prize, the runners-up claimed a share in the prize.
5.Britney has $500 000 to invest. She decides to invest in the common shares of a well-known blue chip company. As part owner, how would she expect toparticipatein the company and tobenefitfrom her investment?
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