Explain using the two main tests and four factors used by the courts in each test how the court will determine whether a person is an employee rather than an independent contractor
This way you have the question right in front of you while answering it, and I have the question and number of marks for the question in front of me in marking. Do not use the track changes tool to use a different color type for your answers, and do not "lock" or "protect" your work. I need your document "open". Make sure you follow the file naming protocol I have included in the course information. In saving your answer to your computer, please use the format requested in the Assignment Summary sheet located under the toggle titled Course Information. Another common difference is that the employees are attached to some benefits like security and medical, while an independent contractor is not.
In terms of salary, the two are paid the agreed amount of wages, but for an employee, the employer has to deduct some amount for income taxes as indicated in the W-2 forms while this amount is not deducted for an independent contractor. These are some of the factors which the court of law may use to differentiate the two persons working in the same business under different employment conditions. Question 2 (3marks) Name six factors are considered at common law by the courts to determine the appropriate length of notice that should be given to terminate an employment relationship? Before an employee starts working for a specific employer, the two must sign in a contract that has particular specification; the contract letter illustrates the form of contract and the terms and conditions.
In a court of law, the court looks into the business law, which indicates the terms of terminating a contract between an employer and an employee. Some of the reason includes health reasons in which the employee can continue with the contract. The other purpose is when the employer is overloaded with much work in the organization. Another reason is that the employee may decide to quit the job without notice if the payment is not worthy of the work the employee is titled to. The four reasons are that the employee may get some excellent job elsewhere, thus quitting the current job without any notice. Question 4(3marks) Explain the purpose of a shareholder’s agreement and identify four provisions it should contain.
There are three different types of bailment, that is, one a bailment that benefits the two parties the bailor and the bailee, an excellent example of this type parking a car in a paid parking area. The second type of bailment is that which only benefits the bailor; it also referred to as the gratuitous bailment; a good example is a free valet. The third bailment is that which only benefits the bailee. A good example of this is checking a movie or a book in a library. The terms of bailment are ended when the purpose of the bailment ends if at all the bailed property is destroyed or incase one party gives notice of termination. The distinction is very important in a court of law in that in case one of the owners of the business owner dies, the court can rule on whoever has the right to take over the property.
For joint tenancy, if one owner of the business dies, the rights of ownership are extended to the other owner while in common tenancy, the next of keen takes over the ownership. Question 8(2marks) How are rights of a person under a lease agreement different from the rights of a person under a license agreement in real property law? There is a big difference between a lease and a license based on the aspect of ownership of property. The two give different legal rights and duties. A lease is a legal agreement between a landlord and a tenant where the tenant is given an exclusive interest in a property. These rights include the right of attribution, the right to the integrity of the work, and lastly, the right to have his work published anonymously.
The power of integrity allows the author to object to an alteration to his work. In the rights of attribution, the author should be accredited as the author of their work. The last moral right gives the author to have his work being published without alteration and in accordance with the author's will and request. The moral rights of an author can be waived but cannot be assigned, which means that in case the writer is deceased for that case, nobody else is accorded the same rights, but the rights are only waived or removed. Some of the fiduciary duties include; the obligation of good faith and fair dealing, which bring the aspect of trust in the partnership where all partners are trustworthy in the business.
The other obligation is the duty of loyalty, where the partners place the interest of the partnership before their interest. The third obligation is the duty of care, where this obligation requires the partners to act in a prudent manner. The last obligation is the duty of full disclosure, where the partners are required to be open and have full disclosure to one another. Question 14( 3 marks) What are the main advantages of limited liability partnerships (LLP’s)? In light of this, what does the law require, in an attempt to protect those who suffer losses through the actions of a partner or an employee of a limited liability partnership? Limited liability partnership provides the owner with limited liabilities. In most cases, the directors are elected by shareholders.
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