Advertisements or sale promotions are ___________ and are not binding offers.
Invitation to treat/offers
100
What are three types of business organisations?
Sole proprietorship, Partnership, Corporation
100
What test is used to see if a duty is owed?
Reasonable Foreseeability test
100
What is negligence?
Inadvertent, careless conduct that causes injury to another.
100
What are the two different tests judges use to see if you are and employer or an employee?
Control Test and Organizational Test
200
Name the remedies for Breach of Contract
(4)
Rescission, rectification, damages, provided in contract
200
What is "unlimited liability"?
Legal obligations of partners and sole proprietors because they all are liable for all business debts if the business can't pay its liabilities.
200
Statutes may impose obligations not found in________?
Common law
200
What is a reasonable person?
Prudent person who is in possession of all the facts and is exercising care.
200
What is employment?
A legally binding contract/compare employee with agent and independant contractor.
300
Specific performance, injunction, accounting and quantum merit are all __________for breaching contracts
equitable remedies
300
Name three characteristics of a corporation
Separate legal entity, Capacity, Agents needed to carry out the corporations activities.
300
When employers are held liable for torts committed by their employees?
Vicarious liability
300
What is bonding?
Form of insurance that protects employers from the wrongful acts of their employees.
300
Judges are pro employees in BC? True or False?
True
400
What are conditions and warranties?
Conditions are essential terms in the contract that when breached, victim is relieved of obligations.
Warranties are minor terms of contract, when breached, performance is still required.
400
What two documents are required for the registration of a corporation?
Memorandum of Association and Articles of Association.
400
The duty to act utmost good on behalf of your client, even to your own detriment is?
Fiduciary Duty
400
What is intentional tort?
Deliberate act that causes injury or loss
400
What is Constructive dismissal?
A form of wrongful dismissal.
500
Silence or non-disclosure, false statement to induce the party into entering a contract are elements of__________
misrepresentation
500
When may a director of a corporation be held personally liable?
Unpaid or failure to pay wages, unpaid taxes, violation of environmental laws, Human Rights violations.
500
What is Misfeasance?
An act that causes harm to another.
500
What is slander?
An act of spoken defamation.
500
Safety, Hours of Work, Terminations, Wages and Child Labour are protected by?