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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
progressive discipline policy
a system in which the employer applies discipline from less to more severe dismissal
24
union related firing
solved with arbitration (middle ground)
25
professional
specialized knowledge, education and skill
26
duties professionals owe to clients
- contractual - tort - fiduciary
27
retainer
advance payment requested by professional
28
right to govern themselves
professionals
29
conditions implied by SOGA
- seller has right to sell - reasonably fit for the intended purpose - merchantable quality - matches sample - equivalent to description
30
warranties implied by SOGA
- buyer enjoys possession of goods - free from liens/encumbrances in favour of third parties - reasonable payment/delivery
31
bill of lading
a shipping doc that serves as a contract between seller and carrier
32
stoppage in transit
the right of a seller to demand that goods be returned by a shipper to the seller, provided that the buyer is insolvent
33
cif
seller responsible
34
cod
cash on delivery
35
unascertained goods
not identifaible at time contract is formed
36
damages for non-acceptance:
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
action for the price
when title has passed to the buyer, the buyer must pay the purchase price
38
consumer protect legislation SUPPLEMENTS soga
applies to goods and services
39
advertising standards canada
established by the advertising community to promote public confidence in its products and services
40
broadcast media
canadian broadcast standards council
41
deceptive prize notices
making someone pay before they can collect prize
42
bid rigging
conspiring to fix the bidding process to suit the needs of those submitting bids
43
price discrimination
reviewable, the seller provides different terms to competing customers
44
exclusive dealing
seller only sells if purchaser buys from it exclusively
45
tied selling
when a seller will sell to a purchaser on the same terms as those that are offered to the purchasers competitors
46
negotiable instruments
cheque, promissory note, bill of exchange
47
restrictive endorsement
signing a cheque for deposit only to a particular bank account
48
special endorsement
signing a cheque and making it payable to a specific person
49
after-acquired property
collateral that includes personal property acqiored by the debtor during the term of the loan
50
financing statement
document registered as evidence of a security interest
51
PMSI
super priority
52
accelaration cause
a term of a loan agreement that makes the entire loan due if one payment is missed
53
subrogation
the right of a gurantor to recover from the debtor from any payments made to the creditors
54
div 1 proposal
- available to indivdiauls and corporations with no limit on total debt owed --> denied means automatic bankruptcy
55
div 2
for individuals with debts less than 250,000 --> denied= amend, consider other options or bankruptcy
56
preferred creditors
certain unsecured creditors who are given priority over other unsecured creditors (funeral expenses, trustee fees)
57
employees r considered
secured up to 2000

2275 Final (5 decks)

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