Review

Question 1

Laws duty enacted by a person or body having the authority to enact and enforce them

Answer 1

positive law

Question 2

A plaintiff id party or solely the cause of his or her own injury

Answer 2

contributory negligence

Question 3

under contract law, list the three types of mistake the law recognizes

Answer 3

common, mutual and unilateral

Question 4

Hoe can an employer escape alcohol misuse liability

Answer 4

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

Question 5

List the 3 subtle signs of intoxication

Answer 5

1, behavioual changes

2. changes in speech
3. loss of co-ordination

Question 6

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

Answer 6

noncompetition/nonsolicitation clauses

Question 7

two types of property

Answer 7

personal and real

Question 8

3 types of business structures

Answer 8

sole proprietorship, partnership, and corporations

Question 9

3 types of intangibles

Answer 9

rights under a contract or debt instrument, goodwill, and ownership of trademark

Question 10

5 tiers of the corporate structure

Answer 10

shareholders, board of directors, statutory officers, employees and creditors.

Question 11

when two or more suppliers conspire to set prices

Answer 11

price fixing

Question 12

notices of statutory provisions limiting liablity be posted where?

Answer 12

1. in the office
2. every guest room
3. public rooms(area)

Question 13

when a person, knowingly with intent to defraud, writes a cheque on a bank account with insufficient funds

Answer 13

uttering

Question 14

accommodations that are not considered “inns”

Answer 14

a boarding house, a rooming house, homes for seniors, and time-share arrangements

Question 15

5 reason for evicting a guest

Answer 15

1. eviction at the end of stay
2. nonpayment
3. persons of ill-repute
4. disorderly conduct
5. disturbing the peace
6. carrying a contagious disease
7. breaking house rule

Question 16

Independent contractors and employees

Answer 16

2 classes of servants

Question 17

when 50 or more employees are laid of within 2 months

Answer 17

group termination

Question 18

Minimum amount of hours needed to be eligible for EI benefits

Answer 18

420 to 700 hrs depending on the regional unemployment rate

Question 19

Conditions for rightful dismissal

Answer 19

financial disloyalty, falsified qualifications, gross and continuing incompetence

Question 20

job duties and standards, remuneration(salary, bonuses, perks, and benefits), duration of term of employment, and likelihood of changes to the position

Answer 20

the items that should be included in a job description

Question 21

guilty act in latin

Answer 21

actu reus

Question 22

A chattel mortgage on inventory, is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default

Answer 22

floating charge

Question 23

2 classes of servants

Answer 23

independent contractors and employees

Question 24

the innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent

Answer 24

absolute liability

Question 25

when a contractor is breached, the injured party must do what is required to limit the losses they suffer

Answer 25

duty to mitigate

Question 26

when the public is misled into believing that one company’s goods or services are those a similar brand or product

Answer 26

passing off

Question 27

A symbol, word, name or device used to identify or signify a company or its product.

Answer 27

trademark

Question 28

another word for “reafian”

Answer 28

reiver

Question 29

BFOR

Answer 29

bona fide occupational requirement

Question 30

Amount added on to a usual charge for a specific product, purpose, or service

Answer 30

surcharge

Question 31

what are 3 ways a contract is breached

Answer 31

repudiation, sabotage, failure to perform