Robert Evjen was a full-time employee of Boise Cascade Co. At the same time, he was a full-time student at Chemata Community College. He was laid off as part of a general economy move by the employer. He applied for unemployment compensation. His claim was opposed on the ground t...
15 Aug 2021On February 24, 2010, a performance was still in progress when Tilikum, a 32 year old killer whale, seized SeaWorld trainer Dawn Brancheau and pulled her off her platform into the pool causing her death. The Secretary of Labor issued citations alleging two instances of "willful" ...
15 Aug 2021On February 24, 2010, a performance was still in progress when Tilikum, a 32 year old killer whale, seized SeaWorld trainer Dawn Brancheau and pulled her off her platform into the pool causing her death. The Secretary of Labor issued citations alleging two instances of "willful" ...
15 Aug 2021On February 24, 2010, a performance was still in progress when Tilikum, a 32 year old killer whale, seized SeaWorld trainer Dawn Brancheau and pulled her off her platform into the pool causing her death. The Secretary of Labor issued citations alleging two instances of "willful" ...
15 Aug 2021Prior to his discharge, Sam Santillo was a bus driver for Transportation Management Corp. On March 19, 1979, Santillo talked to officials of the Teamsters Union about organizing the drivers who worked with him. Over the next four days, Santillo discussed with his fellow drivers t...
15 Aug 2021Prior to his discharge, Sam Santillo was a bus driver for Transportation Management Corp. On March 19, 1979, Santillo talked to officials of the Teamsters Union about organizing the drivers who worked with him. Over the next four days, Santillo discussed with his fellow drivers t...
15 Aug 2021Prior to his discharge, Sam Santillo was a bus driver for Transportation Management Corp. On March 19, 1979, Santillo talked to officials of the Teamsters Union about organizing the drivers who worked with him. Over the next four days, Santillo discussed with his fellow drivers t...
15 Aug 2021John Semple was terminated from his employment with FedEx for falsification of company documents. He appealed his termination through internal FedEx procedures without success and thereafter sued the employer in federal court, contending that his termination was in violation of t...
15 Aug 2021John Semple was terminated from his employment with FedEx for falsification of company documents. He appealed his termination through internal FedEx procedures without success and thereafter sued the employer in federal court, contending that his termination was in violation of t...
15 Aug 2021Which of the following statements is (are) correct regarding the relationship between an agent and a nondisclosed principal?The principal is required to indemnify the agent for any contract entered into by the agent within the scope of the agency agreement.The agent has the same ...
15 Aug 2021Cox engaged Datz as her agent. It was mutually agreed that Datz would not disclose that he was acting as Coxs agent. Instead, he was to deal with prospective customers as if he were a principal acting on his own behalf. This he did and made several contracts for Cox. Assuming Cox...
15 Aug 2021A principal will not be liable to a third party for a tort committed by an agent:a.Unless the principal instructed the agent to commit the tort.b.Unless the tort was committed within the scope of the agency relationship.c.If the agency agreement limits the principals liability fo...
15 Aug 2021Frey entered into a contract with Cara Corp. to purchase televisions on behalf of Lux, Inc. Lux authorized Frey to enter into the contract in Freys name without disclosing that Frey was acting on behalf of Lux. If Cara repudiates the contract, which of the following statements co...
15 Aug 2021Brazilian & Colombian Co. (B&C), a food broker, ordered 40 barrels of olives from Mawer-Gulden-Annis (MGA). MGAs shipping clerk was later told to make out the bill of lading to B&Cs customer Pantry Queen; the olives were shipped directly to Pantry Queen. Eight days after delivery...
15 Aug 2021Neal Rubin, while driving his car in Chicago, inadvertently blocked the path of a Yellow Cab Co. taxi driven by Robert Ball, causing the taxi to swerve and hit Rubins car. Angered by Rubins driving, Ball got out of his cab and hit Rubin on the head and shoulders with a metal pipe...
15 Aug 2021Steven Trujillo, told by the assistant door manager of Cowboys Bar "to show up to work tonight in case we need you as a doorman," came to the bar that evening wearing a jacket with the bar logo on it. Trujillo "attacked" Rocky Medina in the parking lot of the bar, causing him ser...
15 Aug 2021The Bay State Harness Horse Racing and Breeding Association conducted horse races at a track where music for patrons was supplied by an independent contractor hired by the association. Some of the music played was subject to a copyright held by Famous Music Corp. The playing of t...
15 Aug 2021Steve Diezel, an employee of Island City Flying Service in Key West, Florida, stole a General Electric Credit Corp. (GECC) aircraft and crashed the plane while attempting to take off. GECC brought suit against Island City on the theory that it had negligently hired Diezel as an e...
15 Aug 2021Moritz, a guest at Pines Hotel, was sitting in the lobby when Brown, a hotel employee, dropped a heavy vacuum cleaner on her knee. When Moritz complained, the employee insulted her and hit her with his fist, knocking her unconscious. She sued the hotel for damages. Was the hotel ...
15 Aug 2021Jason Lasseigne, a Little League baseball player, was seriously injured at a practice session when he was struck on the head by a poorly thrown baseball from a team member, Todd Landry. The league was organized by American Legion Post 38. Claude Cassel and Billy Johnson were the ...
15 Aug 2021On July 11, 1984, José Padilla was working as a vacation-relief route salesperson for Frito-Lay. He testified that he made a route stop at Sals Beverage Shop, where he was told by Mrs. Ramos that she was dissatisfied with Frito-Lay service and no longer wanted its products in the...
15 Aug 2021Leo Bongers died intestate. Alfred Bongers and Delores Kuhl, Leos nephew and niece, were appointed personal representatives of his estate. Leo left more than 120 antique cars, trucks, and motorcycles. The estate hired Bauer-Moravec to sell the vehicles at auction. Auctioneer Russ...
15 Aug 2021Craig Industries was in the business of manufacturing charcoal. Craig, the corporations president, contracted in the name of the corporation to sell the companys plants to Husky Industries. Craig did not have authority from the board of directors to make the contract, and later t...
15 Aug 2021Beverly Baumann accompanied her mother to Memorial Hospital, where her mother was placed in intensive care for heart problems. A nurse asked Baumann to sign various documents, including one that authorized the hospital to release medical information and to receive the mothers ins...
15 Aug 2021Lowell Shoemaker, an architect, was hired by Affhouse to work on a land development project. In September Shoemaker contacted Central Missouri Professional Services about providing engineering and surveying services for the project. Central submitted a written proposal to Shoemak...
15 Aug 2021Judith Studebaker was injured when a van owned and driven by James Ferry collided with her vehicle. On the morning of the incident, Ferry made his usual runs for the florist for whom he delivered flowers, Netties Flower Garden. He had made a slight detour prior to the accident to...
15 Aug 2021Richard Pawlus was an owner of Dutch City Wood Products, Inc., which did business as "Dutch City Marketing." Pawlus purchased merchandise from Rothschild Sunsystems from April 24 to June 24 using the designation "Richard Pawlus Dutch City Marketing" on orders and correspondence. ...
15 Aug 2021Plaintiffs Attorneys Whine, "Why Do Courts Keep on Applying the Right to Control Test?"Mark McLaurin was employed as a carpenter by Friede Goldman Offshore, Inc. Noble Drilling, Inc., contracted with Friede Goldman (FG) to refit one of its offshore drilling rigs, the "Noble Clyde...
15 Aug 2021Plaintiffs Attorneys Whine, "Why Do Courts Keep on Applying the Right to Control Test?"Mark McLaurin was employed as a carpenter by Friede Goldman Offshore, Inc. Noble Drilling, Inc., contracted with Friede Goldman (FG) to refit one of its offshore drilling rigs, the "Noble Clyde...
15 Aug 2021Some time ago, dairy farmers owned large tracts of land in south Tempe, Arizona. The farmers used the land for grazing animals. Economic growth in this suburb of Phoenix was limited because of the states inability at that time to attract large businesses to the area for relocatio...
15 Aug 2021Audrey Walton was transferred from a hospital to Mariner Health Nursing Home on January 26, 2001. Her daughter, Patricia Walton signed a 30-page document entitled "Residents Agent Financial Agreement." Patricia indicated in that agreement that the only method of payment would be ...
15 Aug 2021Audrey Walton was transferred from a hospital to Mariner Health Nursing Home on January 26, 2001. Her daughter, Patricia Walton signed a 30-page document entitled "Residents Agent Financial Agreement." Patricia indicated in that agreement that the only method of payment would be ...
15 Aug 2021Audrey Walton was transferred from a hospital to Mariner Health Nursing Home on January 26, 2001. Her daughter, Patricia Walton signed a 30-page document entitled "Residents Agent Financial Agreement." Patricia indicated in that agreement that the only method of payment would be ...
15 Aug 2021Frosts accountant and business manager has the authority to:a.Mortgage Frosts business property.b.Obtain bank loans for Frost.c.Insure Frosts property against fire loss.d.Sell Frosts business.
14 Aug 2021Ogden Corp. hired Thorp as a sales representative for nine months at a salary of $3,000 per month plus 4 percent of sales. Which of the following statements is correct?a.Thorp is obligated to act solely in Ogdens interest in matters concerning Ogdens business.b.The agreement betw...
14 Aug 2021Simmons, an agent for Jensen, has the express authority to sell Jensens goods. Simmons also has the express authority to grant discounts of up to 5 percent of list price. Simmons sold Hemple a 10 percent discount. Hemple had not previously dealt with either Simmons or Jensen. Whi...
14 Aug 2021Which of the following actions requires an agent for a corporation to have a written agency agreement?a.Purchasing office supplies for the principals business.b.Purchasing an interest in undeveloped land for the principal.c.Hiring an independent general contractor to renovate the...
14 Aug 2021Able, on behalf of Pix Corp., entered into a contract with Sky Corp., by which Sky agreed to sell computer equipment to Pix. Able disclosed to Sky that she was acting on behalf of Pix. However, Able had exceeded her actual authority by entering into the contract with Sky. If Pix ...
14 Aug 2021Generally, an agency relationship is terminated by operation of law in all of the following situations except the:a.Principals death.b.Principals incapacity.c.Agents renunciation of the agency.d.Agents failure to acquire a necessary business license.
14 Aug 2021Francis Gagnon, an elderly gentleman, signed a power of attorney authorizing his daughter, Joan, "to sell any of my real estate and to execute any document needed to carry out the sale ... and to add property to a trust of which I am grantor or beneficiary." This power was given ...
14 Aug 2021Real estate broker Donald Alley Sr. had a listing contract that gave him the exclusive right to sell Wayman Ellisons farm for at least $200,000. Ellison was told that a buyer was found. The buyer, Cora Myers, who had been paid $585,000 for her small farm because the land was need...
14 Aug 2021Fred Schilling, the president and administrator of Florence General Hospital, made a contract, dated August 16, 1989, on behalf of the hospital with CMK Associates to transfer the capacity to utilize 25 beds from the hospital to the Faith Nursing Home. Schilling, on behalf of the...
14 Aug 2021Martha Christiansen owns womens apparel stores bearing her name in New Seabury, Massachusetts; Lake Placid, New York; Palm Beach, Florida; and Palm Springs, California. At a meeting with her four store managers, she discussed styles she thought appropriate for the forthcoming sea...
14 Aug 2021Lew owns a store on Canal Street in New Orleans. He paid a person named Mike and other individuals commissions for customers brought into the store. Lew testified that he had known Mike for less than a week. Boulos and Durso, partners in a wholesale jewelry business, were visitin...
14 Aug 2021Tillie Flinn properly executed a durable power of attorney designating her nephew James C. Flanders and/or Martha E. Flanders, his wife, as her attorney in fact. Seven months later, Martha Flanders went to the Capitol Federal Savings and Loan Association office. She had the durab...
14 Aug 2021The Holzmans signed an exclusive listing agreement with the Blum real estate brokerage firm. The contract provided that the Holzmans had an obligation to pay a commission "if they enter into a written agreement to sell the property to any person during the term of this exclusive ...
14 Aug 2021Gilbert Church owned Church Farms, Inc., in Manteno, Illinois. Church advertised its well-bred stallion Imperial Guard for breeding rights at $50,000, directing all inquiries to "Herb Bagley, Manager." Herb Bagley lived at Church Farms and was the only person available to visitor...
14 Aug 2021Record owned a farm that was managed by his agent, Berry, who lived on the farm. Berry hired Wagner to bale the hay and told him to bill Record for this work. Wagner did so and was paid by Record. By the summer of the following year, the agency had been terminated by Record, but ...
14 Aug 2021Paul Strich did business as an optician in Duluth, Minnesota. Paul used only the products of the Plymouth Optical Co., a national manufacturer of optical products and supplies with numerous retail outlets and some franchise arrangements in areas other than Duluth. To increase bus...
14 Aug 2021Ken Jones, the number-one-ranked prizefighter in his weight class, signed a two-year contract with Howard Stayword. The contract obligated Stayword to represent and promote Jones in all business and professional matters, including the arrangement of fights. For these services, Jo...
14 Aug 2021