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Business Law exam 2
Terms in this set (42)
a wrongful act knowingly committed
Independent contractor v. employee-test
1. Whether the worker's occupation is distinct from the employer's. 2. Is the worker a specialist or does he work under the employer's supervision. 3. Does the employer supply the tools. 4. How long is the worker employed. 5. Is the worker paid by the hour or paid by the job.
Direct liability for employers own negligence
General duty imposed on employers
refuse to work if workplace is not safe
Employer record-keeping and reporting requirements
Required to keep occupational injury and illness, worker dies or 3 or more hospitalized then notify OSHA within eight hours.
state statutes that establish an adminstrative process for compensating workers for injuries that arise in the course of their employment, regardless of fault
When it covers an illness or injury
within 30 days of the accident
Elimination of employer defense
Employee can sue employer if they intentionally harmed them even if they took workers comp.
Arbitration clauses, examples where found, enforceability
a clause in a contract that provides that, in the event of a dispute, the parties will submit the dispute to arbitration rather that litigate the dispute in court.
Judicial review & grounds for reversing award
The process by which a court decides on the constitutionality of legislative enactments and actions of the executive branch
a distinctive word, symbol, or design that identifies the manufacturer as the source of particular goods and distinguishes its products from those made or sold by others
Coca-Cola Co. v. Koke Co. of America
Coca-cola basically wanted the right to their name, and didn't want any other company using the words koke or dope for their company names.
Who has the right to the trade symbol?
a business or product that is protected with a trademark
the action of breaking the terms of a law, agreement, etc.; violation.
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