Business Law

[Name of Instructor]

Business Law

Introduction

The paper aims to apply the concept of Business Law in the given TRUE and FALSE questions. Each question carries a set of statements, which may be either TRUE or FALSE. The paper strives to apply the true concepts of Business Law in each of these different situations.

California Supreme Court 2008 Decision

FALSE

A contract for an illegal bargain refers to a contract being unenforceable because one of the essential elements of the contract is violating the law. If the illegal contract is yet to be executed, it cannot be enforced by any party (Miller & Jentz, 2009). Passing of Proposition 8, in California, restricts same-sex couples on having a legal marriage. However, the passing of Proposition does not make the banquet hall contract an illegal bargain, as there is a difference in having a wedding ceremony and having a legal marriage license. The same-sex couple booked the banquet hall for the purpose of their wedding ceremony and not for the purpose of obtaining a legal marriage license.

FALSE

Impossibility to perform a contract law is due to the change in circumstances, which makes the contract void. However, in this case the contract is between the couple and the banquet hall, and the contract is not impossible to perform as Prop 8 only bans same-sex legal marriage and not performing of same-sex wedding ceremony.

TRUE

TRUE

FALSE

The contract is of value to the couple as they have entered into a contract with the banquet hall and can still perform a wedding ceremony.

Pest Control Company

FALSE

Owen hired a pest control company, who sent their employee to apply insecticides by spray. The pest control company's employee who applied the insecticide was not an employee of Owen because Owen cannot control how the application of insecticide will be performed. It is the company who control how and what will be applied to control pests in Owen's farm.

TRUE

FALSE

The statement is false because Owen hired a licensed pest control company. A licensed company needs to follow strict licensing requirements, which also include having a person with qualified applicator license. Also, licensed pest control companies have a specialization in their field and can deal with any hazardous situation.

TRUE

TRUE

Negligent Wrongful Death

TRUE

TRUE

TRUE

TRUE

TRUE

Recovery of Attorney's Fees

TRUE

TRUE

TRUE

TRUE

FALSE

Alex's employer breached his duty to compensate and reimburse Alex for her legitimate business expenses. Alex performed the act within the course and scope of her employment (as she won the case), which makes her publisher liable to reimburse her attorney's fees and court costs as the costs were expended for the purpose of defense.

Implied and Apparent Authority of Rick

TRUE

FALSE

The statement is false because any employee of an organization, working in an apparently lawful capacity on behalf of the organization, possess an implied authority to make a legally binding contract (Meiners, et. al. 2009). Implied authority is not usually written into the contract, but the employee is assumed to have the authority of making a legally binding contract.

TRUE

TRUE

TRUE

TRUE

Novagreen State University

FALSE

The statement is false because the deceased players were not the intended ...