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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11707
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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1. A principals liability in a contract with a third party

Customer Question

1. A principal’s liability in a contract with a third party may depend on the authority given to the agent to act on behalf of the principal. (Points: 2) True False

2. The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age by persons of any age. (Points: 2) True False

3. An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity. (Points: 2) True False

4. Genetic Seed Company hires Howie to work in its shipping office, accepting deliveries and dealing with other companies' drivers. With respect to Genetic, Howie is most likely (Points: 2)

an agent.,

an independent contractor.

a principal.

a work for hire.

Submitted: 4 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 4 years ago.

1. False. It may be actual authority given by the principal or implied authority; if the agent acts beyond the scope of his authority, but under color of authority, a third person can legally rely on this and the actions of the agent will be binding on the principal

 

2. False, It is antidiscrimination legislation protecting those who are 40 years old and over

 

3. True. An employer cannot discriminate on the basis of age and what might appear as a discriminatory practice, in fact, is not; Ex. a certain job requires a person to be able to lift a 100 pound load by himself several times a day; if a 66 year old man applies for the job, but cannot lift the necessary weight, he cannot say he was discriminated against because a younger man was hired

 

4. None of the above, Howie is an employee. He is not an agent of the employer because he is not acting on behalf of the employer and has no authority given to him by the employer; he is not an independent contractor because he cannot work independently, cannot make his own hours, his own rules, etc. He works according to job description and at the direction of the employer; if Howie does not own any part of the company, he is not a principal; a work for hire is usually a one shot deal

 

If it's absolutely necessary to choose True or False on No 3, then 3 is the closest description to what Howie does

 

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Thank you for allowing me to assist you and Good Luck!

 

ANDREA, JD, LLM

Member, NY & PA Bar

 



Edited by ANDREA, on 1/26/2010 at 11:21 PM EST
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11707
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Three out of these 4 answers proved to be incorrect.....I paid $15 for nothing
Expert:  Andrea, Esq. replied 4 years ago.

The answers are absolutely correct and I gave you an explanation for each answer

 

Whoever gave you those answers, is absolutely wrong

 

1. A principal's liability may go much beyond the actual authority he gives the agent that is why I gave you explanations

 

and the rest are correct for the reasons I explained

Expert:  Andrea, Esq. replied 4 years ago.

2 & 3 are correct and as for No. 4, he was none of the above, but if a choice had to be made, he would be a work for hire

 

Don't blindly say the answers are incorrect, with no explanation State your reasons, if you have any

 

I stated my reasons for their correctness.

Customer: replied 4 years ago.

It was not blindly said, this is the results of the quiz, you tell me that you're right?

Question:

A principal's liability in a contract with a third party may depend on the authority given to the agent to act on behalf of the principal.

Your Answer:
True CORRECT ANSWER
False INCORRECT
Points Received:0 of 2
Comments:

 

2.Question:

The Age Discrimination in Employment Act of 1967 prohibits employment discrimination on the basis of age by persons of any age.

Your Answer:
True CORRECT ANSWER
False INCORRECT
Points Received:0 of 2
Comments:

 

3.Question:

An employer may avoid liability for unintentional discrimination by asserting that a practice with a discriminatory effect is a business necessity.

Your Answer:
True CORRECT
False
Points Received:2 of 2
Comments:

 

4.Question:

Genetic Seed Company hires Howie to work in its shipping office, accepting deliveries and dealing with other companies' drivers. With respect to Genetic, Howie is most likely

Your Answer:
an agent. CORRECT ANSWER
an independent contractor.
a principal. INCORRECT
a work for hire.
Expert:  Andrea, Esq. replied 4 years ago.

You did not read my reasoning, if you had you would have understood that each of my answers was backed up by law -

 

No. 1 - Would your instructor simply disregard the principles of "apparent" authority and "implied" authority - these are not expressly given by the principal, especially "apparent" authority which is no authority at all, yet if a third party relies on the actions of the agent showing "apparent" authority, the agent binds the principal

 

2. For this answer, I apologize for misreading the question; however, if you read my reasoning, you would have realized that I knew exactly what I was talking about in that I described the purpose for which the 1967 law was enacted:

I wrote:

 

" It is antidiscrimination legislation protecting those who are 40 years old and over"

 

3. Correct

 

4. I still say, "None of the above" the last part of my answer was cut off. What I had written was, if I had to choose, I would choose "work for hire". A company hires X "to work in its shipping office, accepting deliveries and dealing with...etc."

 

He is a shipping clerk, pure and simple, nothing more

 

From the description given, what characteristics of an agent does he possess - None What part of his duties - receiving shipments - are characteristics of an agent - None

 

there is no way he can be classified as an "agent"

 

It would be impossible for anyone to conclude that he is anything more than a mere employee or "work for hire" at best

I don't know what your course of study leads to, but no matter what it is, sound reasoning is always the basis and starting point in analyzing a situation and being able to recognize issues. Just keep that in mind, but only if you want

 

I'm not going to argue or debate you, I passed the 16 hour New York State Bar exam the first time around and the 14 hour Pennsylvania Bar exam the same way, I have my doctoral degree from St. John's University Law School and my post doctoral degree from Villanova U. Law School's Graduate division; I proved everything I wanted to prove - to myself; I have nothing to prove to anyone

 

I'm just saying if you want to get the most out of your studies, keep an open mind, question things, don't blindly believe what someone tells you is the answer, question it - why?

 

John F. Kennedy once said in a speech, "Some people see.... and ask, Why? I see ..........and say, Why Not?"

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