Need assistance in answering questions 58 thru 61. MBA 5005 legal questions 58.

Question

Need assistance in answering questions 58 thru 61. MBA 5005 legal questions 58. Which of the following is NOT one of the factors the law looks at in distinguishing betw.een employees and independent contractors? a. The amount of experience of the worker b. Whether the work is usually performed by a specialist without supervision c. Whether the worker is paid hourly or by the job d. The degree of skill the work requires ANSWER 59. An agency by her agent and is thereafter prevented from deny ing it. occurs when a person leads another to believe that someone else is his or b. conduct c. agreement d. estoppel ANSWER _only in extraordinary circumstances, 60. A principal may be held liable for the torts of a(n) usually involving highly dangerous acts or nondelegable duties. a. agent b. servant c. employee d. independent contractor NSWER: 61. In CASE 5.2 EBC I Inc. v. Goldman, Sachsd Co., (2005) the plaintiffs claimed that Goldman Sachs breached a fiduciary duty in acting as an underwriter and in providing advice to eToys, the plaintiffs predecessor, in regard to an initial public offering of stock. How did the court rule and why? a. The court dismissed the case on the basis that Goldman Sachs as an underwriter could not be considered a fiduciary based on its role in the transactions at issue. b. The court refused to order a dismissal of the plaintiffs claim and found that Goldman Sachs' failure to disclose a material conflict of interest established a claim for breach of fiduciary c. The court dismissed the case because Goldman Sachs had every right to make a profit out of d. The court refused to order a dismissal of the plaintiff's claim and found that Goldman Sachs regarding the duty. the transaction so long as no actual misrepresentations were made to the plaintiffs. could be held liable based on material misrepresentations made to the plaintiffs value of the stock involved in the initial public offering. ANSWER

Explanation / Answer

Ans 58 :- Option B : Whether the work is usually performed by specialist without supervision

Ans 59 :- Option D : Estoppel : if this kind of situation occurs then the agency is created by law of Estoppel.

Ans 60 :- Option D : Independent contractor.

Ans 61 :- Option B : the court refused to order the dismissal of the plaintiff's claim and found that Goldman Sachs' failure to disclose a material conflict of interest established a claim for the breach of fiduciary duty.

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