Couse: Business Law. Thanks for anyone who can help me with the following questi
ID: 335410 • Letter: C
Question
Couse: Business Law. Thanks for anyone who can help me with the following questions. (Be Concise)
1) What is the control test?
2) What is the organization test?
3) What is the difference between an employee and independent contractor? Why does it even matter?
4) Go to the index of your textbook, and look up “fiduciary”. Then go to each page where fiduciary duty is referenced. List the circumstances of when a fiduciary duty is created.
5) When could someone sue for a breach of fiduciary duty? What are the arguments a defendant could make against such a claim?
6) How can a partnership be created? How can a partnership be terminated? What does each partner owe each other? Who is legally responsible in a partnership?
7) A friend of yours is considering whether to become a director of a corporation, what legal information would you give him/her?
8) How would you describe copyright? What piece of legislation governs it?
9) How would you describe patents? What piece of legislation governs it?
10) How would you describe trademarks? What piece of legislation governs it?
11) How would you compare and contrast the types of intellectual property? What do you think the most important elements of each type are?
12) What does a plaintiff have to prove to succeed in a claim of passing-off? How does the tort of passing off relate to intellectual property?
13) What is the focus of the court’s analysis when determining a passing off or trademark infringement case?
14) How do the remedies for intellectual property compare to the remedies for negligence?
Explanation / Answer
1) What is the control test?
The control test is basically an auditing procedure used to test the effectiveness of a control, employed to detect material misrepresentation and misstatements.
2) What is the organization test?
This test is used under employment law to identify whether the candidate is a worker of the organization or an independent operator. This helps in identifying the workplace insurance coverage as generally, only the organization’s workers are covered under this.
3) What is the difference between an employee and independent contractor? Why does it even matter?
The employee is covered by the organization’s policies and benefits. the independent contractor is not covered under any such benefit. The employee works for the employer while independent contractor works for various employers on contractual basis.
The difference is important as the company’s benefits coverage depends on the differentiation.
4) Go to the index of your textbook, and look up “fiduciary”. Then go to each page where fiduciary duty is referenced. List the circumstances of when a fiduciary duty is created.
Fiduciary is an entity that owes the duties of trust and good faith for another entity.
Some of the circumstances when a fiduciary duty is created are:
5) When could someone sue for a breach of fiduciary duty? What are the arguments a defendant could make against such a claim?
An entity can be sued for breach of fiduciary duty if:
6) How can a partnership be created? How can a partnership be terminated? What does each partner owe each other? Who is legally responsible in a partnership?
Partnerships can be created informally and do not require any legal agreement for binding the partners. There exists a partnership among 2 or more entities if there exists:
Partnership can be terminated if:
Both the involved parties are equally responsible for the partnership.
7) A friend of yours is considering whether to become a director of a corporation, what legal information would you give him/her?
The director of a company must not hold board positions in a competitive company. Also, the director needs to keep the interests of the company over his personal interests and gains,
8) How would you describe copyright? What piece of legislation governs it?
Copyright is the legal ownership of the owner of an intellectual property. Every country has the copyright law to govern the cases of copyright violations.
9) How would you describe patents? What piece of legislation governs it?
Patent is the license issued by the government that the individual holder holds exclusive rights over the invention. However the patent is limited by time. Patent law is used to maintain sanctity of patents.
10) How would you describe trademarks? What piece of legislation governs it?
It is a recognizable and unique sign, which distinguishes the products of an entity from another. Trademark law, also known as Bit law is used to protect the sanctity of trademarks.