Agent's Intentional Torts Liability

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Questions and Answers

Who is responsible for an agent's intentional torts?

  • The employer
  • The agent themselves (correct)
  • The independent contractor
  • A third-party beneficiary

What is the liability of an employer in regards to an agent's intentional torts?

  • Vicarious liability
  • Joint and several liability
  • No liability (correct)
  • Strict liability

What is the relationship between an employer and an independent contractor?

  • Employer-employee relationship
  • No relationship
  • Conflicting interests
  • Principal-agent relationship (correct)

What is the key characteristic of an independent contractor's relationship with an employer?

<p>1099 independent contractor status (C)</p> Signup and view all the answers

What type of liability does an employer have for an independent contractor's negligent torts?

<p>No liability (D)</p> Signup and view all the answers

Who is always liable for an agent's crimes?

<p>The principal (B)</p> Signup and view all the answers

When is the principal not liable for an agent's actions?

<p>When the agent's actions are outside the scope of their employment (D)</p> Signup and view all the answers

What is a factor in determining the principal's liability for an agent's crimes?

<p>The agent's propensity to commit crimes (D)</p> Signup and view all the answers

Who would be liable if a bouncer with a past of hitting people was hired and hit someone?

<p>The bouncer and the principal (C)</p> Signup and view all the answers

What is the principal's responsibility regarding an agent's criminal history?

<p>To be aware of the agent's criminal history and take necessary precautions (D)</p> Signup and view all the answers

What is the primary purpose of the Workers' Compensation Act?

<p>To provide disability payments to employees injured on the job (B)</p> Signup and view all the answers

Which act requires employers to provide 12 weeks of unpaid leave for family or medical emergencies?

<p>Family and Medical Leave Act (B)</p> Signup and view all the answers

What is the minimum wage required by the Fair Labor Standards Act?

<p>$7.25 per hour (A)</p> Signup and view all the answers

Under what circumstances can an employer require a job applicant to take a lie detector test?

<p>Only for jobs involving theft or handling of cash (B)</p> Signup and view all the answers

What is the purpose of the Occupational Safety and Health Act (OSHA)?

<p>To promote safe working conditions (D)</p> Signup and view all the answers

Which act sets standards for managing and distributing private pension plan funds?

<p>ERISA (A)</p> Signup and view all the answers

What is the general rule regarding unilateral mistakes in a contract?

<p>The mistaken party generally cannot avoid the contract (A)</p> Signup and view all the answers

What is an exception to the general rule regarding unilateral mistakes in a contract?

<p>The other party knew or should have known of the mistake (C)</p> Signup and view all the answers

What is an example of a unilateral mistake in a contract?

<p>Wichelhaus agrees to sell 250 bales of cotton from India to be transported on the Peerless from Bombay to Liverpool (C)</p> Signup and view all the answers

What is a specific type of unilateral mistake that can be an exception to the general rule?

<p>A mathematical error (C)</p> Signup and view all the answers

What is the case that illustrates the concept of unilateral mistakes in contracts?

<p>Smith v. Wichelhaus (D)</p> Signup and view all the answers

What is the exception to reasonable accommodations for otherwise qualified employees?

<p>Undue hardship on the employer (D)</p> Signup and view all the answers

What is a necessary element of a valid contract?

<p>Consideration in the form of a promise (A)</p> Signup and view all the answers

What is the requirement for contractual capacity?

<p>Having a 'right mind' (D)</p> Signup and view all the answers

What makes a contract unlawful?

<p>It is against public policy (A)</p> Signup and view all the answers

What are the requirements for a mutual mistake to avoid a contract?

<p>The mistake must be material and affect the 'deal' (C)</p> Signup and view all the answers

What type of mistake can be used to rescind a contract?

<p>Mistake of fact (B)</p> Signup and view all the answers

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