Tort
What is the name for an unintentional, careless act or omission that causes injury to another person or that person's property?
Negligence
A “meeting of the minds” is required for all contracts.
True
False
True
Up to what point is the employer supposed to accommodate a disabled employee?
To undue hardship.
Corporations protect shareholders in which way?
Limited Liability
What makes a person negligent?
a. Defendant must owe a duty to the plaintiff to act reasonably
b. Defendant must have breached the duty
c. The defendant’s actions must cause the injuries to the plaintiff.
d. The plaintiff's harm
e. All of the above
E. All of the above
What is the name of the test to determine whether the damages were too far removed from the original negligent act; a breaching party is only responsible for reasonably expected losses.
remoteness test
Time for filing a claim of lien in Builders Lien Act :
a. 55 days
b. 45 days
c. 15 days
d. 90 days
e. 30 days
B. 45 Days
Does the employer need to give the employee notice when dismissing them for just cause?
No, because there is usually a breach of contract.
What test is used to determine if an agent has apparent authority?
Responsible Person Test
What is "Pay in lieu of advance"?
An amount the employer can pay the employee in place of notice to terminate.
What is the exemption from liability for defamatory statements made in legislatures or courts?
Absolute privilege
If the subject matter of the contract does not exist and the vendor is not in a position to convey title of the goods because the prospective purchaser already has title, the court will rectify mistakes but not rewrite the contract:
True Or False
True
If an employee commits a tort, can the employer be liable? If so, what is the term used to name it?
Yes. Vicarious liability.
What is the difference between common and preferred shares?
Common shares provide voting rights, preferred shares give right to collect dividends before any common holders
What do the Worker's Compensation Legislation Statutes establish?
Compulsory insurance programs to provide coverage for workplace injuries.
What is the name of the tort for misleading the public about the identity of a product or business?
Passing-off
What is the parol evidence rule?
prohibits the use of outside evidence to define a contract term when the term itself is clear.
Amelia was hired by Vanessa, who told her that she should take out the trash and wash the can every two hours and showed her how to do it. Vanessa pays Amelia $18 per hour and gives her a uniform, gloves, and a cart to carry the garbage. What is Amelia classified as?
An employee.
What are the two documents required to register a company in BC?
Memorandum of Association and Articles of Association
What is the name of the principle of torts that states, "We take our victims as we find them, even those with unique physical or mental conditions."
Thin skull rule.
If a careless driver damages a power pole, which causes an interruption of power to a business, causing a significant economic loss, should the driver be held responsible?
No, it fails the remoteness test. It is too unforeseeable.
Sarah and Alvin are having their wedding in a month. Sarah's parents pay Alvin $100,000 to encourage him to cancel the wedding. If Sarah and Alvin still going with their wedding, Alvin's agreement with Sarah’s parents is:
void because the agreement is not legal
If an employer employs a person that does not follow the security procedures for a construction site and a piece of detriment falls on an individual that is passing besides the construction site, can the employer be held responsible?
Yes, by vicarious liability if proven that the employer hired an incompetent/careless person.
John and Jerry have a partnership where they import and sell high-quality Persian rugs. They are also both free-solo rock climbing enthusiasts (which consists of rock climbing without any gear) and they always climb together. They understand the risks and determine that there’s a very high chance of them falling to their deaths. What can they do to ensure the company will outlive them in the case that they both get into a rock-climbing accident and die?
Create a corporation
What is a court order to seize offending material before trial called?
Anton Piller