BLAW2080 EXAM 3 STUDY SET QUESTIONS WITH VERIFIED ANSWERS
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Course
BLAW2080
Institution
BLAW2080
BLAW2080 EXAM 3 STUDY SET QUESTIONS WITH VERIFIED ANSWERS
Disclosed principal - Answer-A principal whose identity is known by the third party at the time the contract is made by the agent. Agent has no contractual liability for the nonperformance of the principal or the third party.
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BLAW2080 EXAM 3 STUDY SET
QUESTIONS WITH VERIFIED
ANSWERS
Disclosed principal - Answer-A principal whose identity is known by the third party at the
time the contract is made by the agent. Agent has no contractual liability for the
nonperformance of the principal or the third party.
Undisclosed principal - Answer-Principal whose identity is totally unknown by the third
party, and the third party has no knowledge that the agent is acting in agency capacity
at the time the contract is made. Agent is also treated as a party to the contract, and the
third party can hold the agent liable for contractual nonperformance.
Undisclosed principal - Answer-Principal whose identity is totally unknown by the third
party, and the third party has no knowledge that the agent is acting in agency capacity
at the time the contract is made. Agent is liable as a party to the contract.
Principal's tortious conduct - Answer-A principal conducting activity through an agent
may be liable for herm resulting from the principal's own negligence or recklessness
Liability for agent's misrepresentation - Answer-A principal is exposed to tort liability
whenever a third person sustains a loss due to the agent's misrepresentation
Respondeat superior - Answer-A doctrine under which a principal or employer is held
liable for the wrongful acts committed by agents or employees while acting within the
course and scope of their agency or employment
Ways an agency can be terminated - Answer-Lapse of time, purpose acheived,
occurrence of a specific event, mutual agreement, or
termination by one party - Answer-
Common law doctrine of employment at will - Answer-Allows either the employer or the
employee to end the relationship at any time for any reason. Exceptions made on the
basis of contract theory, tort theory, and public policy
Walsh-Healey Act - Answer-Applies to U.S. government contracts; requires that a
minimum wage, as well as overtime pay at 1.5 hourly, be paid to employees of
manufacturers or suppliers entering into contracts with agencies of the federal
government
Fair Labor Standards Act (FLSA) - Answer-Extended wage-hour requirements to cover
all employers engaged in interstate commerce or in producing goods for interstate
commerce, plus selected other types of businesses
, Family and Medical Leave Act (FMLA) - Answer-Allows employees to take time off from
work for family or medical reasons. Requires employers who have 50 or more
employees to provide employees with up to 12 weeks of unpaid family or medical leave
during any 12 month period.
Immigration Act of 1990 - Answer-Placed caps on the number of visas that can be
issued to immigrants each year
Immigration Reform and Control Act (IRCA) - Answer-Makes it illegal to hire, recruit, or
refer for a fee someone who is not authorized to work in this country
National Labor Relations Act (NLRA) - Answer-Established the rights of employees to
engage in collective bargaining and to strike. The act specifically defined a number of
employer practices unfair to labor
Title VII of the Civil Rights Act - Answer-Prohibits discrimination against employees,
applicants, and union members on the basis of race, color, national origin, religion, or
gender at any stage of employment
Disparate-treatment discrimination - Answer-Intentional discrimination by an employer
against an employee
Disparate-impact discrimination - Answer-Occurs when a protected group of people is
adversely affected by an employer's practices, procedures, or tests, even though they
do not appear to be discriminatory
Four-fifths rule - Answer-If the selection for the protected classes is less than 80% of the
rate for the group with the highest rate
Remedies available under the Title VII act - Answer-If the plaintiff proves that unlawful
discrimination occurred, they may be awarded reinstatement, backpay, retroactive
promotions, and damages
Age Discrimination in Employment Act (ADEA) - Answer-Prohibits employment
discrimination on the basis of age against individuals forty years of age or older
Three defenses to employment discrimination for employers - Answer-A business
necessity, a bona fide occupational qualification, or a seniority system
Torts - Answer-Wrongful actions
Tort law - Answer-Compensates those who have suffered injuries as a result of the
wrongful conduct of others
Compensatory damages - Answer-Compensate or reimburse plaintiffs for actual losses-
- to make the plaintiffs whole and put them in the same position that they would have
been in had the tort not occurred
Special damages - Answer-Compensate plaintiff for quantifiable monetary losses
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