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 their 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?
The purpose of damages in contract law.
What is to put the injured party in the position that they would have been in had the contract been performed properly.
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?
**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?
The state that a contract is in after the breaching of a condition
What is voidable?
Using unlawful threats, coercion, or force to pressure someone into making a decision they would not otherwise make.
What is duress?
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.
The two features of the causation test for negligence.
What are but for and reasonable forseeability?
The standard 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 at the time the performance is due
What is express repudiation?
When a party exploits a position of power and/or a relationship of trust to pressure someone into making a decision they would not otherwise make.
What is undue influence?
The five Bardel factors.
What are: age, type of job, qualifications, length of service, and availability of similar of employment?
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?
The clause in a contract that specifies an amount of damages to be paid in the event of a breach
What are liquidated damages?