26.The key feature defining an employer/employee relationship is a.the contract

Question

26.The key feature defining an employer/employee relationship is

a.the contract between the parties.

b.whether or not the employee is entitled to reasonable compensation.

c.whether the employer is entitled to the absolute loyalty of the employee.

d.the employer’s right to control the employee in the performance of the employee’s tasks.

27.An incidental beneficiary of a contract

a.must be identified as such in the contract.

b.has the same status as a third party beneficiary of a contract.

c.must provide consideration to the promisor.

d.cannot enforce a contract to which he or she is not a party.

29.Delegation

a.is forbidden in contracts for the sale of real estate.

b.is prohibited in a contract calling for the performance of duties that are personal in nature.

c.requires use of a form specified by the statute of frauds.

d.relieves the delegator of legal liability to the obligee.

32.Contracts containing ambiguous terms

a.are seldom enforceable under the UCC.

b.can be avoided by either party making a written declaration of ambiguity.

c.constitute an exception to the parol evidence rule.

d.are not subject to binding arbitration.

Explanation / Answer

26) the correct option is d.the employer’s right to control the employee in the performance of the employee’s tasks.

The key feature defining an employer/employee relationship is the employer’s right to control the employee in the performance of the employee’s tasks.

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27) the correct option is d. cannot enforce a contract to which he or she is not a party

An incidental beneficiary is a third party who incidentally benefits from a contract but whose benefit was not the reason the contract was formed. An incidental beneficiary has no right in a contract and cannot sue to have the contract enforced.

29)

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