Canadian Law
Define stare decisis
Judges in common law jurisdiction must follow the decisions of higher courts in the same jurisdiction based on similar facts.
False imprisonment must be physical to be actionable
False - it can be a mental restraint! (E.g., you think you have no other option but to follow the security guard)
What are the obligations of the employee?
Competency, honesty and loyalty, punctuality, act in the employer’s best interests, and in some cases, fiduciary duty
(Review Slide 6, Employment Law)
When the seller unknowingly makes an erroneous statement regarding the type of processor contained in a computer during negotiations leading to the sale of the computer, what factors affect the contract and remedy available?
Innocent misrepresentation
Remedies: only rescission is available
A creditor with a claim against a sole proprietor would normally have a right against the sole proprietor, limited only to his contribution to the business.
Which principle allows statutes to override common law?
Parliamentary Supremacy
What is the main difference between assault and battery?
Assault is non-physical, whereas battery is physical
An employer is vicariously liable for torts committed by employees
False. The tort must be committed doing what they are hired to do (during the course of employment)
How many types of contracts have you learned?
Unilateral and Bilateral
The corporation, having the same capacity as a natural person, may buy and sell, make contracts, own land, is obligated to pay tax under municipal, provincial and federal schemes, and may otherwise acquire all the rights and obligations of a natural person.
True
Who are the parties on the Court of Appeal?
Appellant vs. Respondent
What are the defences to defamation? There are five
(1) Truth
(2) Fair Comment
(3) Qualified Privilege
(4) Absolute Privilege
(5) Responsible Communication
What is it called if the employer, unilaterally, without proper notice, changes a significant term of the employee's employment?
Constructive dimissal
Justin receives a letter from a supplier offering a discounted price for his next order. The letter states that if he doesn't respond within 10 days, the offer is considered accepted. Can this offer bind Justin if he remains silent?
Silence does not constitute acceptance unless there is an established industry practice that implies acceptance through silence. Offeror can't unilaterally impose a silence-as-acceptance condition without the offeree's knowledge or consent
Shareholders, directors, and officers owe a fiduciary duty to the corporation
False. Only directors and officers
What do sections 91 and 92 of the Constitution Act (1867) do?
Divides the powers between federal and provincial governments
Vicky is a renowned doctor who operates on her patients without consent. Can she be sued for battery, given the urgent nature of the operation?
Medical practitioners can be sued for battery for performing procedures without consent.
False
Where the court cannot choose between the two positions because both are equally reasonable, the contract will be declared void
True
If the corporation is unable to finance its debts and goes bankrupt, creditors and lenders can come after the shareholders for payments
False. Only the corporation is responsible for the debt as a legal person
The Charter of Rights and Freedom governs the relationship between individuals
False -- the Charter applies only to government, including laws made by all levels of government and agents acting on behalf of the government.
To succeed in a defense of fair comment, a defendant's comment must:
(1) based on sound evidence, (2) not motivated by malice, and (3) made on a matter of public interest.
What are the two primary tests to determine the working relationship?
Control Test & Organization Test
The court will not allow the careless party to escape responsibility when a shared mistake is the result of the negligence of one of the parties.
True
A partnership can be created by the conduct of the parties
True. A partnership is defined as two or more people carrying on business with a view to profits. It doesn't need an agreement and can be implied by conduct.