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BUL5810 - exam 2 video questions with Correct Answers 100% Pass

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BUL5810 - exam 2 video questions with Correct Answers 100% Pass Assume that Dr. Early is a sales representative for Pharzime, as well as for other pharmaceutical companies. What would be the main factor in determining whether he was an employee or an independent contractor for Pharzime? - The degree to which Pharzime controls the details of Dr. Early's work. Assume that Dr. Early is an independent contractor for Pharzime and was calling on a doctor at the hospital. The hospital wanted to order some Gensol. Dr. Early sells some pills to the hospital that he was given as samples and keeps the money for himself. What duty has Dr. Early violated? - The duty of loyalty. Assume Dr. Early is an independent contractor for Pharzime and that Pharzime allows Dr. Early to spend money to take doctors who may be interested in buying Gensol to lunch and other events to entertain them. Pharzime sends a notice to Dr. Early that it wants to know how much money has been spent in the past two months on such activities. Dr. Early must give Pharzime this information based on his: - duty of accounting. Assume that Dr. Early is an independent contractor for Pharzime. Dr. Early sells the hospital 1,000 Gensol tablets. Pharzime does not deliver on time. The hospital sues Dr. Early for the breach of contract. Dr. Early is found liable for $10,000 worth of damages. Dr. Early will probably be able to recover the $10,000 from Pharzime, because of the concept of: - indemnification. 2COPYRIGHT © 2025 BY BRITTIE DONALD, ALL RIGHTS RESERVED What theory of liability could Mr. Melnick use to try to claim damages for his dog? - Respondeat superior makes principals liable for the torts of agents acting within the scope of employment. If one of Oscar's trucks did run over Mr. Melnick's dog, is Oscar (or his store) likely liable for the damages? - Yes, if the driver was acting within the scope of his employment when he ran over the dog. Assume a court determined the driver was on a detour from his regular duties and was negligent when he ran over Mr. Melnick's dog. Who would be liable to Melnick? - Both Oscar (or his store) and the driver. Would Oscar be liable for Melnick's damages since he did not specifically tell Vinny that he could drive the truck to the hospital? - Yes, because of the emergency Vinny would have implied authority to drive the truck to the hospital. Assume that Oscar says he would pay for Melnick's dog, even if he was not legally required to do so, because he thinks the driver did the right thing by driving the van to the hospital. This decision would make Oscar liable because of: - ratification. If a court were to find that Dr. Early is an independent contractor for Pharzime, which of the following is true? - Pharzime would be liable for contracts Dr. Early writes between Pharzime and the hospital, but not liable for torts Dr. Early commits at the hospital while calling on customers there. If Herman does not hire Jake, what would Jake have to show to win an Age Discrimination in Employment Act (ADEA) case? - That he was qualified for the job, he is at least 40 years old, and he was not hired due to his age. When Herman asks "any more recent employment history? Eliot has been out of business for 20 years," is he violating the Age Discrimination in Employment Act? - No, since Herman has to determine if Jake is qualified for the job. 3COPYRIGHT © 2025 BY BRITTIE DONALD, ALL RIGHTS RESERVED Assume for this question that Herman has 55 employees. When Herman asks Sally about Jake's ability to see, what would be considered? - If Herman is correct and Jake cannot see, Herman would have to make a reasonable accommodation if Jake could perform the job with the accommodation, but any requirements for accommodations would be weighed against the undue hardship it creates to the employer. Which of the following, if true, would be Herman's best defense against an ADA claim? - There is nothing reasonable that can be done to accommodate Jake's eyesight. Is Jake correct when he says that what is relevant is the "experience, not the age"? - Yes, generally the law requires that employers focus on issues relevant to the job only. Which of the following, if true, would be Herman's best defense against an ADA claim? - There is nothing reasonable that can be done to ac

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Uploaded on
March 30, 2025
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Written in
2024/2025
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BUL5810 - exam 2 video questions
with Correct Answers 100% Pass


Assume that Dr. Early is a sales representative for Pharzime, as well as for other
pharmaceutical companies. What would be the main factor in determining whether he
was an employee or an independent contractor for Pharzime? - ✔✔The degree to which
Pharzime controls the details of Dr. Early's work.

Assume that Dr. Early is an independent contractor for Pharzime and was calling on a
doctor at the hospital. The hospital wanted to order some Gensol. Dr. Early sells some
pills to the hospital that he was given as samples and keeps the money for himself.
What duty has Dr. Early violated? - ✔✔The duty of loyalty.

Assume Dr. Early is an independent contractor for Pharzime and that Pharzime allows
Dr. Early to spend money to take doctors who may be interested in buying Gensol to
lunch and other events to entertain them. Pharzime sends a notice to Dr. Early that it
wants to know how much money has been spent in the past two months on such
activities. Dr. Early must give Pharzime this information based on his: - ✔✔duty of
accounting.

Assume that Dr. Early is an independent contractor for Pharzime. Dr. Early sells the
hospital 1,000 Gensol tablets. Pharzime does not deliver on time. The hospital sues Dr.
Early for the breach of contract. Dr. Early is found liable for $10,000 worth of damages.
Dr. Early will probably be able to recover the $10,000 from Pharzime, because of the
concept of: - ✔✔indemnification.



COPYRIGHT © 2025 BY BRITTIE DONALD, ALL RIGHTS RESERVED 1

, What theory of liability could Mr. Melnick use to try to claim damages for his dog? -
✔✔Respondeat superior makes principals liable for the torts of agents acting within the
scope of employment.

If one of Oscar's trucks did run over Mr. Melnick's dog, is Oscar (or his store) likely
liable for the damages? - ✔✔Yes, if the driver was acting within the scope of his
employment when he ran over the dog.

Assume a court determined the driver was on a detour from his regular duties and was
negligent when he ran over Mr. Melnick's dog. Who would be liable to Melnick? -
✔✔Both Oscar (or his store) and the driver.

Would Oscar be liable for Melnick's damages since he did not specifically tell Vinny
that he could drive the truck to the hospital? - ✔✔Yes, because of the emergency Vinny
would have implied authority to drive the truck to the hospital.

Assume that Oscar says he would pay for Melnick's dog, even if he was not legally
required to do so, because he thinks the driver did the right thing by driving the van to
the hospital. This decision would make Oscar liable because of: - ✔✔ratification.

If a court were to find that Dr. Early is an independent contractor for Pharzime, which
of the following is true? - ✔✔Pharzime would be liable for contracts Dr. Early writes
between Pharzime and the hospital, but not liable for torts Dr. Early commits at the
hospital while calling on customers there.

If Herman does not hire Jake, what would Jake have to show to win an Age
Discrimination in Employment Act (ADEA) case? - ✔✔That he was qualified for the job,
he is at least 40 years old, and he was not hired due to his age.

When Herman asks "any more recent employment history? Eliot has been out of
business for 20 years," is he violating the Age Discrimination in Employment Act? -
✔✔No, since Herman has to determine if Jake is qualified for the job.


COPYRIGHT © 2025 BY BRITTIE DONALD, ALL RIGHTS RESERVED 2

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