module 5
property is a relationship between what two things ?
property is a relationship between PEOPLE with respect to THINGS.
in reference to firing someone what is one thing "cause" may be based on
serious misconduct
dishonesty
insubordination
chronic absenteeism
sexual harassment
conflict of interest
breach of fiduciary duty
criminal behavior
the sale of goods act applies to every _____.
SALE OF GOOD
purpose of bankruptcy law
protect creditors
give debtors a second chance
what is a security interest
what are fixtures
fixtures are goods that are attached to real property
what are the requirements under ESA for termination without cause?
ESA notice: 1 week/ year. Max 8
ESA severance: 1 week/year max 26 ( if annual payroll is greater than or equal too $2.5 mil. )
implied warranties _____ and _____
no encumbrances
delivery within a reasonable time
what is bankruptcy
is a legal process by which the assets of an insolvent debtor are transferred to a trustee in bankruptcy for distribution to the debtors unsecured creditors.
name an invention type
products
compositions
process
improvements on any of these
what is fair dealing? Name one example
Fair dealing is an exception to copyright
some examples :
review, criticism, news reporting, private study, parody or satire.
what is constructive dismissal
it is when the employer fundamentally changes the nature of the job without the employees consent causing them to resign.
describe the competition act
1.
2.
3.
restricts mergers and acquisitions
prohibits anti competitive practices
prohibits false/ misleading claims
what is receivership
is the appointment of a receiver by a secured creditor to take possession of a debtors assets
what do patents protect
inventions
what must patents be ?
new, useful, not to obvious
describe collective bargaining
when employees speak together they have a lot more bargaining power.
- organization and certificates
- bargaining
- collective bargaining agreement
- labor disruptions and disputes
describe implied conditions
1.
2.
3.
4.
5.
1. seller has right to sell
2. goods must match description
3. goods must match sample
4. merchantable quality
5. reasonably suitable for intended purpose
distribution on on bankruptcy
1.
2.
3.
1st. secured creditors
2nd. preferred unsecured creditors
3rd. ordinary unsecured creditors
name a controlled business practice
direct sales ( door to door )
time shares
fitness clubs
used cars
multi level marketing
debt collection
remedies for patent injunction
damages
injunction
accounting for profits
delivering up
how to distinguish between employment and independent contract
1. vicarious liability
2. employment legislation
3. income tax deduction
1. control test
2. organization test
3. all other factors
the 3 sales of goods act applies to every Sale of Goods
1. implies terms into sales contract
2. helps determine when title passes from seller to buyer
3.provides remedies for breaches
USI VS PSI = _____ wins
PSI wins
PSI VS PMSI= _____ WINS
PMSI