Steven and Ritchie hosted a TV show.They decided that they needed help producing the show so they hired Sammy.As a part of his daily duties, he was to make sure they had the latest Wall Street Journal and New York Times and a few other publications in their dressing rooms and on their desks.Sammie was also responsible for booking guests, recording and commercials spots for sponsors.He had no set schedule so long as he was for the duration of the show. One day Sammy was injured in the studio when a microphone boom fell and hit him in the head causing a serious concussion.

Sammy was unable to work so he filed for Workers Compensation. Steven and Ritchie objected to the claim stating that he was not an employee and therefore not entitled to Workers Comp.

What is the most damaging evidence that Sammy could introduce in a trial to show that he was in fact an employee?

Select one:

a.

He produced several other TV shows other than Steven and Ritchie's show

b.

Sammy was a highly sought after producer

c.

The microphone that hit him was owned by the television station

d.

Steven and Ritchie picked the available guests they were most interested in and approved all advertisers before allowing Sammy to does anything with either.

Steven and Ritchie hosted a TV show. They decided that they needed help producing the show so they hired Sammy. As a part of his daily duties, he was to make sure they had the latest Wall Street Journal and New York Times and a few other publications in their dressing rooms and on their desks. Sammie was also responsible for booking guests, recording and commercials, and spots for sponsors. He had no set schedule so long as he was on for the duration of the show. One day Sammy was injured in the studio when a microphone boom fell and hit him in the head causing a serious concussion.

Assuming for purposes of this question only, consider these additional facts in addition to the above facts.Sammy was an employee of Steven and Ritchie. Sammy found out that a local business wanted to advertise on the show badly and would pay a hefty premium for the right to do so. Sammy booked the sponsor and then had them sign a contract for the spots they hosted would do for them. Once Steven and Ritchie learned more about the advertiser they realized they didn't want to endorse them or even allow ads for them on their show.

The advertiser sued the guys for the breach of contract for cancel the advertising agreement. What is Steven and Ritchie's best defense against the breach of contract claim? Choose the best answer.

Select one:

a.

There are no punitive damages in contracts

b.

Sammy was not acting with any authority as an agent for Steven and Ritchie

c.

Performance on the contract is impossible due to their refusal to endorse and advertise for the product

d.

Both B&C above