Pre-Midterm
Intentional, non-consensual, and harmful physical contact with another person.
What is battery?
This kind of dismissal occurs when an employee does one very bad thing, like theft or assault.
What is summary dismissal?
**Offer + Acceptance = ?
Agreement
T/F: A contract can be ended by agreement if neither party to the contract has performed his or her obligation.
True.
T/F: Shareholders of a corporation are only liable up to the value of their shares.
What are special, general, and punitive?
When an employee is fired without cause and without notice
What is wrongful termination?
A catalogue or advertisement listing goods and prices is usually this, not a binding offer.
What is an invitation to treat?
**What is the primary aim of damages in contract law?
To place the innocent party in the position they would have been in had the contract been properly performed.
**A corporation has the capacities of...
A legal person.
This entity is bound by the Charter of Rights and Freedoms.
What is the government?
This occurs when an employer fundamentally changes the job, like lowering pay or cutting hours, or makes the workplace so hostile that the employee is forced to quit.
What is constructive dismissal?
This kind of contractual term goes to the root of the contract; if breached, the innocent party may void or affirm the contract and sue for damages.
In breach of contract, an innocent party must do this because the court will deduct any losses they could reasonably have avoided, which can greatly reduce or even eliminate damages.
What is mitigate their damages?
T/F: When the sole owner of a corporation dies, the corporation dies with them.
False. Corporations continue to exist even after the death of their owner(s). This is NOT the case for sole proprietorships and some partnerships.
**You are injured at a trampoline park. You signed a waiver. If you sue the park, what defence could they use?
Voluntary assumption of risk?
The remedy available to victims of wrongful termination.
What is reasonable notice?
When a party to a contract indicates (via words or actions) that they will not perform their obligations before the performance is actually due
What is anticipatory repudation?
When a contract becomes impossible to perform through no fault of either party because of an unforeseeable and uncontrollable event, this has occurred.
What is frustration?
The five Bardel factors.
What are: age, type of job, qualifications, length of service, and availability of similar of employment?
**I contract you to build me a house. I tell you that I want you to use silver faucets, but you mistakenely use gold ones. What legal principle is invoked here and what remedies can flow from it?
You breached a warranty/minor term. The contract is still in effect, but I am entitled to recover any losses stemming from the breach.
**I sign a contract after you threaten to destroy my White Cement Jordan 4s if I don't. What legal principle is invoked here and what remedies flow from it?