Flashcards in Jeopardy Questions Deck (74):
Law duly enacted by a person or body having the authority to enact and enforce them.
A plaintiff is partly or solely the cause of his or her own injury.
Under contract law, list the three types of mistake the law recognizes.
How can an employer escape alcohol misuse liability?
1) the employee was clearly instructed not to serve a patron
2) the server ignored the instructions out of friendship or infatuation
3) the server did not charge the patron for the drinks
List the three subtle signs of intoxication
-changes in speech
-loss of co-ordination
Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location
non competition/non solicitation clauses
What are the two types of property?
Personal and Real
Three types of business structures
sole proprietorship, partnership, corporations
Three types of intangibles?
-rights under a contract or debt instrument
-ownership of a trademark
What are the five tiers of the corporate structure?
-board of directors
When two or more suppliers conspire to set prices?
Notices of statutory provisions limiting liability should be posted where?
-in the office
When a person, knowingly with intent to defraud, writes a cheque on a bank account with insufficient funds?
Accommodations that are not considered "inns"? (4)
-A rooming house
-Homes for seniors
Seven reasons for evicting a guest?
1. Eviction at the end of stay
3. persons of ill-repute
4. disorderly conduct
5. disturbing the peace
6. carrying a contagious disease
7. breaking house rules
What is mens rea?
What is "infra hospitium"?
Within the walls of the inn
What is habeas corpus?
you shall have the body
What is quantum merits?
the amount he merits
What is non est factum?
it is not my deed
What are the two classes of servants?
Independent contractors and employees
What is group termination?
When 50 or more employees are laid off within 2 months
What is the minimum amount of hours needed to be eligible for EI benefits?
420 to 700 hours depending on the regional unemployment rate
Conditions for rightful dismissal?
-Gross and continuing incompetence
What are the times that should be included in a job description?
-Job duties and standards
-Remuneration (salary, bonuses, perks, and benefits)
-Duration of term of employment
-Likelihood of changes to the position
What is actus reus?
What is passing off?
When the public is mislead into believing that one company's goods or services are those of a similar brand or product
What are three ways a contract is breached?
-Failure to perform
What is an option?
An agreement by an offer-or to leave an offer open for a specified period of time?
What are the three kinds of misrepresentation?
What is a "floating charge"?
A chattel mortgage on inventory
-A situation which the creditor can swoop down and immobilize the inventory still in stock upon default
What is a trademark?
A symbol, word, name or devise used to identify or signify a company or its product
List 3 ways to finance a new or existing business?
-Sale of assets
What is easement?
A right to use another's land for a specific purpose
Five possible consequences if you default on your mortgage?
-Power of sale
-Taking possession of the property
-Action on the covenant
-Seizure and sale of the property at auction
What is absolute liability?
The innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent
Another word for reafian?
What is gratuitous bailment?
Bailment for the sole benefit of the bailor
What is equitable estoppel?
If an employee of the hotel tells a guest that the hotel will provide a greater level of liability than the statutory limitations
What must be established to substantiate a claim for bailment?
-Property was delivered to the bailee
-Property was accepted by the bailee
-Property not returned or in proper condition
-Bailee breached duty owed to bailor
What are two classes of servants?
What does BFOR stand for?
Bona fide occupational requirement
What are the three ways employment can be terminated?
-Rightful dismiss (termination for cause)
What are the four principles of equal pay legislation?
-Equal pay for males and females doing the same job
-Equal pay for substantially similar jobs
-Equal pay for jobs of equal value
List the five itmes employers can expect from their employees?
1. Proper performance of work
2. Good faith and loyalty
4. Non-competition agreements
5. Reasonable notice
What is "duty to mitigate"?
When a contract is breached, the injured party must do what is required to limit the losses they suffer
What is a surcharge?
Amount added on to a usual charge for a specific product, purpose, or service
Latin term for "on the face of it"
What is prima facie
What are the five stages of a civil action?
What is fiduciary duty?
When one person has the power to affect another person's property or legal interests.
-A person in this position has a duty to protect the interests of the other; need to act in someone else's best interest
What is amortization?
The period of time required to pay off the principal completely at a set interest rate.
What are the three types of bailment?
1. Sole benefit of the bailor (gratuitous bailment)
2. Sole benefit of the bailee
3. Bailment for hire
What is strict liability?
Defendant is automatically liable even though no injury has occurred - not following government codes and regulations will result in this
What is a restrictive covenant?
A restriction placed on some aspect of land use
You and your partner decide to adopt a child, what type of leave are you and/or your partner eligible for?
Who owns mislaid property?
What are the three exceptions to the common law absolute liability rule?
-Acts of God
-Acts of a public enemy
-guests' own negligence
What are the four purposes of sentencing?
-protection of the public
List the four conditions of adverse possession (squatter's rights)
-open and notorious
The innkeeper-guest relationship changes into this type of relationship if the guest stays for an extended period of time.
What is landlord-tenant
What is breach of contract?
Under the law, when an employer terminates the contract with an independent contractor, before all duties have been performed; the contractor can sue under this
In a criminal procedure list the three types of offenses?
-Summary conviction (minor)
What are exemplary damages?
Damages that are imposed to punish and to make an example of the offending party
Who was the author of the universal declaration of Human Rights in 1948?
What is the parole evidence rule?
once a contract is written, it cannot be changed without consent of both parties
What does real property include?
Land, buildings and fixtures'
What is express deposit?
When leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody
When the police do not need a warrant to search your residence and/or business? (4)
-searches made in connection with an arrest
-emergency exception (imminent danger)
-the plain view doctrine
What are the statutory remittances an employer must make for their employee?
What is infra hospitium?
Latin term for within or on the premises of the inn (extension of the inn)
What is the maximum weekly EI benefit?
$413 or 55% of the claimant's average insured earnings (whichever is less)
What is to "perfect" a lien?
Once a lien is registered, a claim must be issued within 90 days of substantial completion of the work
List the four elements of bailment.
1. only personal property
2. physical possessions
3. acknowledge receipt
4.agreement to return