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2275 Final > MISC > Flashcards

MISC Flashcards

1
Q

Two ways intellectual property is owned

A

result of being created or being used

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2
Q

right to transfer/dispose

A

transfer to transfer or dispose

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2
Q

right to exclude

A

can’t enter someone’s land or can’t modify copyright work

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3
Q

common law liability of bailees

A

governed by the common law of bailment, statuory rules may be imposed on special types of bailees

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4
Q

gratuitious bailment

A

no payment

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5
Q

contract of bailment

A
  • services to be provided by the bailee
  • price to be paid by bailor and payment terms
  • extent to which bailee is liable for damage/loss
  • remedies
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6
Q

Examples of intellectual property

A

recipes, manufacturing process, advertising jingles, business/marketing plans

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7
Q

how long does industrial design registration last

A

10 years

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8
Q

trade name

A

the number under which a business does business

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9
Q

cyber squatting

A

registering trademarks/domain names for the purpose of selling

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10
Q

moral rights

A

paternity, integrity, association

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11
Q

confidential business information

A
  • strategic businesss information
  • products
  • technological secrets
  • nondisclosure agreements
  • can be protected forever (coke)
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12
Q

wrongful dismissal

A
  • employee claims no just cause
  • inadequate notice
  • provincial / federal remedies
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13
Q

constructive dismissal

A
  • changing employee contract so they will leave
  • changing fundamental terms: salary, benefits, job content, status
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14
Q

employees under federal legislation

A

banking, airline, broadcasting

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15
Q

dependent contractor

A

has economic dependency on employer as a result of working exclusively or nearly exclusively for the employer for a long period

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16
Q

negligent hiring

A

requires plaintiff to prove that the employer was careless

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17
Q

bona fide occupational requirement

A

excuses discrimination on a prohibited ground when done in good faith and for actual business reasons

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18
Q

employment standards legislation

A

sets out min standards in work place

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19
Q

workers compensation legislation

A

addresses accidents and injuries in the workplace

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20
Q

drug and alc testing

A
  • reasonable suspicision
  • BFOR
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21
Q

privacy act

A

federal, protects employee data

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22
Q

labour relations board

A

a body that administers labour relations legislation

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22
Q

certification

A

process by which a union is recognized as a bargaining agent for group of employees

23
Q

progressive discipline policy

A

a system in which the employer applies discipline from less to more severe dismissal

24
Q

union related firing

A

solved with arbitration (middle ground)

25
Q

professional

A

specialized knowledge, education and skill

26
Q

duties professionals owe to clients

A
  • contractual
  • tort
  • fiduciary
27
Q

retainer

A

advance payment requested by professional

28
Q

right to govern themselves

A

professionals

29
Q

conditions implied by SOGA

A
  • seller has right to sell
  • reasonably fit for the intended purpose
  • merchantable quality
  • matches sample
  • equivalent to description
30
Q

warranties implied by SOGA

A
  • buyer enjoys possession of goods
  • free from liens/encumbrances in favour of third parties
  • reasonable payment/delivery
31
Q

bill of lading

A

a shipping doc that serves as a contract between seller and carrier

32
Q

stoppage in transit

A

the right of a seller to demand that goods be returned by a shipper to the seller, provided that the buyer is insolvent

33
Q

cif

A

seller responsible

34
Q

cod

A

cash on delivery

35
Q

unascertained goods

A

not identifaible at time contract is formed

36
Q

damages for non-acceptance:

A

when title has not passed to the buyer, damages to which a seller is entitled is if a buyer refused to accept goods prior to title shitfting

37
Q

action for the price

A

when title has passed to the buyer, the buyer must pay the purchase price

38
Q

consumer protect legislation SUPPLEMENTS soga

A

applies to goods and services

39
Q

advertising standards canada

A

established by the advertising community to promote public confidence in its products and services

40
Q

broadcast media

A

canadian broadcast standards council

41
Q

deceptive prize notices

A

making someone pay before they can collect prize

42
Q

bid rigging

A

conspiring to fix the bidding process to suit the needs of those submitting bids

43
Q

price discrimination

A

reviewable, the seller provides different terms to competing customers

44
Q

exclusive dealing

A

seller only sells if purchaser buys from it exclusively

45
Q

tied selling

A

when a seller will sell to a purchaser on the same terms as those that are offered to the purchasers competitors

46
Q

negotiable instruments

A

cheque, promissory note, bill of exchange

47
Q

restrictive endorsement

A

signing a cheque for deposit only to a particular bank account

48
Q

special endorsement

A

signing a cheque and making it payable to a specific person

49
Q

after-acquired property

A

collateral that includes personal property acqiored by the debtor during the term of the loan

50
Q

financing statement

A

document registered as evidence of a security interest

51
Q

PMSI

A

super priority

52
Q

accelaration cause

A

a term of a loan agreement that makes the entire loan due if one payment is missed

53
Q

subrogation

A

the right of a gurantor to recover from the debtor from any payments made to the creditors

54
Q

div 1 proposal

A
  • available to indivdiauls and corporations with no limit on total debt owed –> denied means automatic bankruptcy
55
Q

div 2

A

for individuals with debts less than 250,000 –> denied= amend, consider other options or bankruptcy

56
Q

preferred creditors

A

certain unsecured creditors who are given priority over other unsecured creditors (funeral expenses, trustee fees)

57
Q

employees r considered

A

secured up to 2000

2275 Final (5 decks)

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