review Flashcards

1
Q

list 3 ways to finance a new or existing business

A

equity financing, debt financing and sale of assets

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2
Q

bailment for the sole benefit of the bailor

A

gratuitous bailment

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3
Q

3 ways employment can be terminated.

A

contractual dismissal, rightful dismissal, wrongful dismissal

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4
Q

an agreement by an offeror to leave an offer open for a specified period of time

A

option

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5
Q

a right to use another’s land for a specific purpose

A

easement

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6
Q

if an employee of the hotel tells a guest tht the hotel will provide a greater level of liability than the statutory limitations

A

equitable estoppel

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7
Q

equal pay for males and females doing the same job, equal pay for substantially similar jobs, equal pay for jobs of equal value,and pay equity

A

4 principles of equal pay legislation

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8
Q

3 conditions for rightful dismissal

A

financial disloyalty, falsified qualifications, and gross and continuing incompetence

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9
Q

3 kinds of misrepresentation

A

innocent, negligent, fraudulent

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10
Q

5 possible consequences if you default on your mortgage

A

foreclosure, power of sale, taking possession of the property, action on the covenant, and seizure and sale of the property at auction

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11
Q

What must be established to substantiate a claim for bailment?

A

property was delivered to the bailee property was accepted by the bailee, property not returned was accepted by the bailee, property not returned, or not returned in proper condition, and bailee breached duty owed to bailor

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12
Q

list 5/6 items employers can expect from their employees

A

proper performance of work, good faith and loyalty, confidentiality, non-competitoion agreement, reasonable notice

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13
Q

5 stages of civil action

A

pleading, discoveries, pre-trail, trail, appeal

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14
Q

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/

A

fiduciary duty

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15
Q

you and your partner decided to adopt a child, what type of leave are you and/or your partner eligible for?

A

parental leave

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16
Q

the innkeeper-guest relationship change into this type of relationship if the guest stays for an extended period of time.

A

landlord-tenant

17
Q

once a contract is written, it cannot be changed without consent of both parties

A

parol evidence rule

18
Q

the period of time required to pay off the principal completely at a set interest rate

A

amortization

19
Q

who owns mislaid property

A

owner

20
Q

under the law, when an employer terminates the contract with an independent contractor, before all duties have been performed; what can the contractor sure for

A

breach of contract

21
Q

what does real property include

A

land, buildings, and fixtures.

22
Q

what is the max weeky EI benefits

A

413$ or 55% of the claimant’s average insure earnings

23
Q

3 types of bailment

A

sole benefit of bailor(Gratuitous bailment), sole benefit of the bailee, bailment for fire.

24
Q

what are the 3 exceptions to the common law absolute liability rule

A

acts of god, acts of a public enemy, guests’ own negligence

25
Q

in a criminal procedure list the 3 types of offenses

A

summary conviction(minor), indictable(serious), and hybrid.

26
Q

when leaving property with the hotel for safekeeping the guest must make the hotel aware to the value and need for safe custody

A

express deposit

27
Q

once a lien is registered, a claim must be issued within 90 days of substantial completion of the work

A

“perfect” a lien

28
Q

defendant is automatically liable even though no injury has occurred-not following government codes and regulations will result in this

A

strict liability

29
Q

4 purposes of sentencing

A

specific deterrence, general deterrence, rehabilitation, and protection of the public

30
Q

exemplary damage

A

damges that are imposed to punish and to make an example of the offending party

31
Q

when the police do not need a warrant to search your residence and/or business

A

consent searches, searches made is connection with an arrest, emergency exception(imminent danger), and the plain view doctrine

32
Q

4 elements of bailments

A
  1. only personal property
  2. physical possessions
  3. acknowledge receipt
  4. agreement to return
33
Q

a restriction placed on some aspect of land use

A

restrictive covenant

34
Q

4 conditions of adverse possession

A

open and notorious, unchallenged, exclusive, continuous

35
Q

author of the universal declaration of human rights in 1948

A

john humphrey

36
Q

what r the statutory remittances an employer must make for their employee

A

income tax, EI, and CPP/QPP

37
Q

the price a party pays for the promises

A

consideration