Question

Which of the following is false regarding the employer-employee relationship? Multiple Choice An employee is subject to the control of his or her employer Generally, all employees are considered to be agents of their employer Employees who are not legally authorized to enter into contracts binding their employer are considered agents. Employees not legally authorized to interact with third parties are considered agents. All employees are agents, and all agents are employees
Nasty Break-Up. Harold wants to purchase a lot next door to Sarah's home that is owned by Saran. Harold knows Sarah will not sell the lot to him because they dated in the past and had a nasty break-up. Harold agrees with Alice that Alice will purchase the lot from Sarah for him. Alice and Sarah reach an agreement and enter into a contract whereby Sarah is to sell the lot to Alice for a price within the scope of Alice's authority. Alice tells Sarah nothing about her plan to later transfer the lot to Harold. Before title to the lot is transferred to Alice, Harold tells Alice that he no longer wants the lot. Alice tells Sarah about Harold. Sarah tells Alice that as far as she is concerned, Alice has bought the lot. Sarah says that she plans to move anyway and really does not care whether Alice or Harold ends up with the lot. She just wants her money. Which of the following is true regarding whether Harold is iable to Alice for the cost of the lot if Alice pays Sarah the purchase price? Multiple Choice Harold is liable to Alice for the cost of the lot Harold is liable to Alice for the cost of the lot, but only if the contract between Harold and Alice expressly stated that he would reimburse her for the cost of the lot Harold is liable to Alice, but only if she resells the lot and is unable to recover as much as she paid for it. Harold is not liable to Alice for the cost of the lot. Harold can avoid liability to Alice, but only if he can establish that unexpected circumstances caused him to refuse to purchase the lot from her
Roofing Issues. Sally agrees to roof a house for Bob. After doing his research, Bob chooses Sally based on her great reputation for being conscientious and doing good work. Bob knows little about roofing and stays away from all the noise involved. Sally provides her own tools for herself and other workers, sets her own schedule, and charges a flat rate of $10,000 to be paid when the job is completed. Sally hires Trudy, Glen, and Fred to help with the roofing. She pays them an hourly rate, supervises their work, provides them with tools and materials, and sets their schedules. Curious about what is going on there, Bob's friend Spencer walks by the house while the roofing is being done. Glen absentmindedly throws some old shingles off the roof and hits Spencer in the head, resulting in him going to the local emergency room and receiving a couple of stitches in his scalp. Spencer decides to sue all the roofers, Bob, and Sally for his hospital expenses and for pain and suffering. Assuming Glen was negligent, which of the following is the most likely result in a lawsuit against Sally brought by Spencer? Multiple Choice Spencer will win, because Glen was acting within the scope of his employment; therefore, Sally is liable for his negligence Spencer will lose, because Glen was not acting within the scope of his employment; therefore, Sally is not liable for his negligence. Spencer will win because regardless of whether Glen was acting within the scope of his employment, Sally is liable for his negligence Spencer will lose because regardless of whether Glen was acting within the scope of his employment, Sally has no liability. Spencer and Sally will split the damages equally

Answer 1

Answer:

Question 1. All employees are agents, and all agents are employees.

Question 2. Harold is liable to Alice for the cost of the lot, but only if the contract between Harold and Alice expressly stated that he would reimburse her for the cost of the lot.

Question 3. Spencer will win, because Glen was acting within the scope of his employment; therefore, Sally is liable for his negligence

Explanation:

1. Note that employees can serve also as agents for their company but not all agents are employees since they (the agents) could be self employed themselves.

2. Remember sales agreement should not be bases on word of mouth but on written contacts. Therefore,  if the contract between Harold and Alice expressly stated that he would reimburse her for the cost of the lot he would then be liable.

3. Since Glen was acting within the scope of his employment; therefore, Sally is liable for his negligence. Implying that she employed the man who caused Spencer pain and suffering.