Question and answers will break down in sections .
Sections 1 (Must be 100 words or more )
What is the Equal Dignity Rule?
What is Respondeat Superior? Explain Fiduciary.
Discuss is the difference between an Independent Contractor and an employee?
Explain Power of Attorney. What is a Notary Public?
What is Apparent Authority?
Read the case entitled Coker v. Pershad. The Appellate Division of the Superior Court of New Jersey reasons that AAA had no control over the independent contractor’s work and thus Pershad was an employee of Five Star, but Five Star (and by extension, Pershad) were independent contractors to AAA.
This type of arrangement is not uncommon. Neither are situations where trucking companies (among others) employ individuals who are designated as independent contractors but are trained by the company and have a manual of regulations provided to them which, in essence, controls where they drive, how they drive, how long are the drivers’ work breaks, and who can ride in the cab of the truck. Additionally, drivers often wear a company uniform. The artifice of calling someone an independent contractor when the driver actually is not, is no more than an effort to avoid liability for the person’s actions on the job and certain regulatory (unemployment insurance; workers compensation, etc.) and tax considerations. Consequently, the situations must be carefully examined on a case-by-case basis to discern the actual status of the individual.
Do you agree with the courts reasoning? Why?
Section 2 ( Must be 200 words or more )
Read the attached opinion in Burnatoski v Butler Ambulance Service Co – Agency.pdf download file:///home/chronos/u-6c2124e5b3e9143060ce04f0fc1c1bbed24dd44e/MyFiles/Downloads/Burnatoski%20v%20Butler%20Ambulance%20Service%20Co%20-%20Agency.pdf. One of the issues here was whether or not the city was legally responsible for the acts of a driver working for a separate ambulance company in which the city had only assisted the ambulance company to obtain a federal grant to help pay for the ambulance. Under the Pennsylvania Political Subdivisions Tort Claims Act, a municipality is immune from claims such as this, unless its employee is the operator of the vehicle. The proceedings indicated that the driver was not a city employee, after which the municipality was dismissed, but the ambulance company and driver remained as defendants.
Did the City control or direct the activities of the driver to the extent that the City should be liable for the manner in which he operated the vehicle at the time of the accident? Please advocate for the plaintiff or the defendant and provide the basis for your position.
Section 3 ( Must be 200 words or more )
Determine the factors to establish the “scope of employment” under the doctrine of respondeat superior. Discuss its importance in regards to the employer. Distinguish between a “detour” and a “frolic.” Do you agree with the decision from Case Example 21.17 (Mandel)? Why?
READ BOTH OF THE FOLLOWING CASES FOR FURTHER DISCUSSION:
Workers Compensation is an issue which many employees will face sometime during their working years. This case introduces you to Ms. Jacqueline Fernandez, who is seeking workers compensation as a result of an automobile accident. Using an internet search engine, locate and read the case, 2800 Corp. v. Fernandez, and determine if Fernandez is indeed entitled to workers compensation. Explain your answer.
This case discusses the hiring, retention, and supervision of employees. Locate this case in a search engine and read Yunker v. Honeywell, Inc. Did you agree with the court’s ruling? Why?
Section 1 ( must be 100 words or more )
Determine that advantages and disadvantages of a sole proprietorship.
What is a general partnership; a limited partnership? What are the Common Terms that are included in a partnership agreement. Is a partnership an entity in Pennsylvania? Can a partnership in Pennsylvania purchase real estate? What is the Uniform Partnership Act?
Explain an LLC and its advantages/disadvantages.
What are the classifications of corporations? Explain them.
What, if any, are the differences between an S (Sub-Chapter S) Corporation and a C (Sub-chapter C) corporation (External research may be required)?
Explain Piercing the Corporate Veil.
The case of Douglas Hillme v. Brent Chastain and C & H Custom Cabinets, Inc., discusses the elements that create the existence of a partnership, when there is no written agreement. After you research and read this case, determine if you agree with the courts ruling. Why?
Section 2 ( must be 200 words or more )
As presented in Exhibit 24.1, review stocks and bonds and describe how they differ in regards to corporate financing. Discuss common stock and preferred stock. Identify and explain the types of corporate alternative financing?
SEction 3 ( must be 200 words or more)
A partnership, a sole proprietorship, a corporation (Subchapter S and Subchapter C) and an LLC are four common entities that are employed by entrepreneurs when starting a business. DISCUSS THE ADVANTAGES AND DISADVANTAGES OF EACH OF THESE ENTITIES; which do you think is the more advantageous business formation for an entrepreneur? Why?
Section 1 ( must be 100 words )
What is property ownership? What is fee simple?
Describe the following terms:
Concurrent Ownership; Tenancy in Common; Joint Tenancy; Community Property (is Pennsylvania a community property state? If not, what is Pennsylvania’s doctrine)?
Explain Mislaid, Lost, Found, and Abandoned Property What is Conversion of Lost Property?
Explain Bailments; Ordinary Bailments.
Explain gift, gift inter inter vivos, and gift causa mortis.
What is real property; explain airspace and subsurface rights. What is a fixture?
What are nonpossessory interests; ownership interests?
Explain the different types of deeds.
Explain leasehold estates and the different types.
Read Classic Case 27.2; In re Estate of Piper. Do you agree with the decision of this case regarding a gift? Why?
Section 2 ( must be 200 words or more
Adverse Possession and Eminent Domain are forms of Involuntary Alienation. What are the requirements for both of these methods to acquire land? Determine the requirements for Adverse Possession in Pennsylvania. What is “tacking?”
Is Eminent Domain limited to just the federal government? Where in the U.S. Constitution does it state that the government has the right to take land by Eminent Domain?
Section 3 ( must be 200 words or more )
Landlord-Tenant relationships are established by lease contracts. State the Rights and Duties of the Landlord-Tenant Relationship (Possession, Use and Maintenance, etc.). What are Transferring Rights?
Question and answers will break down in sections .