Question 1 (about one page)

Based on the following facts, explain in full whether the transport driver, James Kirk, is an employee or an independent contractor:

Question 1: Facts

James Kirk is a transporter of passengers for Enterprise Shuttle Company (Enterprise). He has worked at Enterprise for almost three years. His transport area is strictly set by Enterprise in Philadelphia and New Jersey. James pays certain fixed expenses for which he is reimbursed, such as tolls and gas, and use of a minivan provided by Enterprise. Enterprise services and repairs the van. Enterprise does not withhold any taxes from his bi-weekly paycheck. James follows a strict schedule, has various company rules to follow and the rates that are charged are set by the company.

On September 21, 2022 he was injured in an accident by a drunken driver while transporting passengers from Philadelphia to the Newark Airport. He will miss work time and has medical bills. He informed Enterprise that he will file a worker's compensation claim. Enterprise tells him not to do so because he is an independent contractor, and ineligible for benefits. Is James eligible or ineligible for benefits and why?

Question 2: (about one page)

Under the following facts determine whether Marge can recover the $1,000. from Hughes or only from Yeager.

Facts:

Hughes is a well-known retired airline pilot whose post-retirement business is collecting and selling baseball cards. On July 20, 2022, Hughes places an advertisement in a local newspaper offering to sell certain rare baseball cards for a premium price. On September 29, 2022, Hughes's good friend, Yeager, shows the advertisement to Marge, an owner of a sports memorabilia store. Yeager at one time worked with Hughes at Western Airlines. Yeager offers, on behalf of Hughes, to sell Marge a rare 1963 Pete Rose rookie baseball card for the bargain price of 8,000 dollars. Marge never did business with Hughes or Yeager.

Marge gives Yeager a $1,000.00 cash deposit for the baseball card. Yeager disappears with the money and never delivers the card to Marge. Does Marge have a claim for damages against Hughes?

Chapter 16

The next two questions are in the textbook on page 373: (answers - page each)

(3).

Answer question 2 on General Partnerships which begins: "Daniel is the owner of a chain of shoe stores...."

(4).

Answer question 3 on Franchising which begins "National Foods, Inc sells franchises to its fast-food restaurants...."

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Based on the facts provided it appears that James Kirk is likely an employee rather than an independent contractor The determination of whether an ind... View the full answer