Employment and Employment Contract definitions Flashcards
(23 cards)
What is a commercial contract?
A contract between two businesses, including a business in the form of an independent contractor.
What is vicarious liability?
A legal rule under which an employer is liable for damage caused to a third party by one or more of its employees.
What defines the gig economy?
An economic arrangement characterized by an exchange of labour for money that is facilitated by an app or electronic platform that connects customers to workers.
What is a standard employment relationship?
A model of employment characterized by stable, long-term job security; full-time hours; decent benefits; and wage rates that rise steadily over time.
Who is an own account self-employed worker?
An independent contractor who has no employees.
What is fissuring of work?
A method by which large companies avoid direct legal responsibility for working conditions by contracting out work to a network of contractors, subcontractors, homeworkers, and franchisees.
What is precarious work?
Work that is defined by characteristics such as job insecurity; short job tenure; low pay; few benefits; low collective bargaining coverage; and sporadic, limited, or unpredictable work hours.
What is reception in legal terms?
When the British Empire established a colony, it often passed a statute that specified that the law of the colony was the statutory and common law in force on that date in England.
What does master and servant law refer to?
A body of legislation and related case law that regulated the work of servants, agricultural workers, and skilled craft workers in England between the 14th and 19th centuries.
What is a penal sanction?
A state punishment imposed through criminal law, usually referring to incarceration.
What is a wage recovery mechanism?
A legal provision allowing workers to claim unpaid wages before a justice of the peace or magistrate.
What is deceit in legal terms?
A tort in which party A makes a false statement with the intention of misleading party B; party B relies on the false statement and, as a result, party B suffers a loss.
What is fraudulent misrepresentation?
A common law action based in contract law in which party A knowingly makes a false statement with the intention to mislead party B, inducing them to enter into a contract.
What does rescind mean?
To set aside a contract and put the party back into their pre-contract position.
What is negligent misrepresentation?
A tort in which party A, owing a duty of care, makes an untrue statement to party B without sufficient care, leading to party B suffering loss.
What is the duty of care?
A special close relationship between two parties that creates an obligation in tort law to take reasonable steps to avoid harming the other party.
What is wrongful dismissal?
A type of lawsuit by an employee against a former employer alleging that the employer terminated their contract without complying with the implied term requiring reasonable notice.
What is an infant in legal terms?
A person under the age of 18; also referred to as a minor in legal writing.
What is a voidable contract?
A contract that may be declared void at the option of one of the parties because of a deficiency.
What is an objective test in legal interpretation?
A legal test that asks, ‘What would a reasonable person of normal intelligence think if told about the circumstances?’
What is a subjective test in legal interpretation?
A legal test that asks, ‘What was this person actually thinking at the time?’
What is contract modification?
A change to one or more terms of the contract during the term of the contract.
What is forbearance in contract law?
A promise by one party in a contract to another party to refrain from exercising a contractual right for a period of time.
