Chapter 7: Contracts and Antitrust

General Questions:

1. Describe the differences between an express and an implied contract.
2. Explain two (2) remedies that are available for non-performance of a contract.
3. Explain why and under what circumstances an employee handbook can be considered a contract.
4. Explain why employers should place disclaimers in employee handbooks.
5. The case Dutta v. St. Francis Regional Medical Center, Dr. Dutta sued the hospital for breach of contract after the hospital entered into an exclusive contract with another physician, Dr. Tan, thereby denying Dr. Dutta the use of the hospitals radiology department and equipment. The jurys verdict was that St. Francis Regional Medical Center did breach its written employment contract with Dr. Dutta.
   1. What are the three elements that are necessary for Dr. Duttas contract to be enforceable?
   2. What four elements did Dr. Dutta establish in order to be successful in his breach of contract lawsuit?

Chapter 9: Corporate Structure and Legal Issues

General Questions:

1. What is the difference between corporate, partnerships and an independent contractor?
2. As a response to the misconduct by the executives at Enron and Tyco, the Sarbanes-Oxley Act (SOX) of 2002 was enacted. Please explain how this act protects investors. Please name two of the provisions provided in the SOX Act
3. The case Darling v. Charleston Community Memorial Hospital is considered the benchmark case in the healthcare field concerning liability of healthcare organizations. The court enacted the doctrine of corporate negligence. Define the doctrine of corporate negligence.
4. Define the doctrine of Respondeat superior and provide the two issues that must be present for a charge of liability under this doctrine.
5. Describe what is meant by parent holding company model.