Question 1

The following are all major types of disputes affecting trade unions EXCEPT

Accepted Answer

A) a jurisdictional dispute. 
B) a recognition dispute. 
C) a legislative dispute. 
D) an interest dispute. 
E) a rights dispute. 
A) a jurisdictional dispute. 
B) a recognition dispute. 
C) a legislative dispute. 
D) an interest dispute. 
E) a rights dispute.

Question 2

Which of the following is NOT true?

Accepted Answer

A) The relationship of employer and employee is one of contract in which one party,the employer,enters into a contract with an independent party,the employee,to do a specified task. 
B) The relationship of employer and employee is one of contract. 
C) An employer is not liable for the torts committed by a person to whom an employee has delegated work without the consent of the employer. 
D) The distinction between an agent and employee is one of function only. 
E) An employer is not vicariously liable for all torts committed by his or her employees. 
A) The relationship of employer and employee is one of contract in which one party,the employer,enters into a contract with an independent party,the employee,to do a specified task. 
B) The relationship of employer and employee is one of contract. 
C) An employer is not liable for the torts committed by a person to whom an employee has delegated work without the consent of the employer. 
D) The distinction between an agent and employee is one of function only. 
E) An employer is not vicariously liable for all torts committed by his or her employees.

Question 3

The legislation of most provinces regarding minimum standards applicable to employment provides no protection for employees who have employment contracts that exclude their operation.

Accepted Answer

A) True 
 B)False

Question 4

The usual minimum notice requirement for a week hiring is

Accepted Answer

A) two clear weeks' notice. 
B) two days' notice. 
C) one clear week's notice. 
D) one day's notice. 
E) no notice. 
A) two clear weeks' notice. 
B) two days' notice. 
C) one clear week's notice. 
D) one day's notice. 
E) no notice.

Question 5

Explain the types of disputes that can affect trade unions.

Accepted Answer

There are four kinds of disputes that ca

Question 6

John Jones is in the roofing business and enters into a contact with George Hopkins to put a new roof on George's house.John,who is extremely busy,decides to contract out the work to Albert.When Albert arrives,George refuses to let him do the work.In this case,under the contract

Accepted Answer

A) George can refuse to let Albert do the work. 
B) Albert is merely John's agent. 
C) either John or Albert can do the work. 
D) George must permit Albert to do the work. 
E) Albert is merely John's employee. 
A) George can refuse to let Albert do the work. 
B) Albert is merely John's agent. 
C) either John or Albert can do the work. 
D) George must permit Albert to do the work. 
E) Albert is merely John's employee.

Question 7

John works for a large plumbing company on a job-by-job basis.While the company finds John each of his jobs,he has his own tools and uses a company truck with the name of the company on it.John's work is always subject to supervision by the company.In this case,John can be said to be

Accepted Answer

A) an independent contractor. 
B) both an agent of the company and an independent contractor. 
C) an employee of the company. 
D) both an agent and an employee of the company. 
E) an agent of the company. 
A) an independent contractor. 
B) both an agent of the company and an independent contractor. 
C) an employee of the company. 
D) both an agent and an employee of the company. 
E) an agent of the company.

Question 8

An employer that dismisses an employee can give the employee reasonable notice of termination and avoid paying damages for wrongful dismissal.

Accepted Answer

A) True 
 B)False

Question 9

Martin is employed by a delivery company and uses one of the company's trucks to make his deliveries.One day after work,Martin borrows the truck,and while he is driving home,he loses control of the truck and collides with Alice's car,causing damage to the car and injuries to Alice.In this case,Alice will

Accepted Answer

A) sue both Martin as the principal tortfeasor and the delivery company,which is vicariously liable. 
B) sue both Martin as the principal and the delivery company under the principle of vicarious performance. 
C) sue Martin only because he alone is the tortfeasor. 
D) sue the delivery company only because it is Martin's employer. 
E) not be able to sue either the delivery company or Martin because the accident was Alice's fault. 
A) sue both Martin as the principal tortfeasor and the delivery company,which is vicariously liable. 
B) sue both Martin as the principal and the delivery company under the principle of vicarious performance. 
C) sue Martin only because he alone is the tortfeasor. 
D) sue the delivery company only because it is Martin's employer. 
E) not be able to sue either the delivery company or Martin because the accident was Alice's fault.

Question 10

Incompetence,disobedience,and misconduct justify an ending of the contract of employment for breach,but illness justifies an ending of the contract of employment for

Accepted Answer

A) duress. 
B) misrepresentation. 
C) frustration. 
D) mistake. 
E) breach. 
A) duress. 
B) misrepresentation. 
C) frustration. 
D) mistake. 
E) breach.

Question 11

Tom has been employed as a sales manager for Vanessa's Used Cars for more than twenty years.Economic conditions in the car business have worsened,and Vanessa believes she needs to terminate Tom's employment.She receives legal advice that based on Tom's age,length of employment,and character of employment and on the availability of similar employment given his education,training,and experience,Tom should receive eighteen months' notice of termination.Vanessa believes that once she provides Tom with notice of termination he will not be an effective sales manager and that she will lose more business during the year and a half in which Tom remains as her sales manager.What options does she have as far as the manner in which she provides this notice?

Accepted Answer

Notice of termination can be provided in

Question 12

Notice is not required

Accepted Answer

A) when the period of employment is only two months. 
B) when the period of employment is three months. 
C) when the period of employment is two weeks. 
D) when the employee is dismissed for cause. 
E) when the period of employment is only one month. 
A) when the period of employment is only two months. 
B) when the period of employment is three months. 
C) when the period of employment is two weeks. 
D) when the employee is dismissed for cause. 
E) when the period of employment is only one month.

Question 13

Albert is employed by a large construction company and is in charge of purchasing the company's building supplies.When Albert enters into contracts for the company with its suppliers,Albert is

Accepted Answer

A) both an agent and an employee of the company. 
B) an independent contractor. 
C) an employee of the company. 
D) an agent of the company. 
E) all of the above 
A) both an agent and an employee of the company. 
B) an independent contractor. 
C) an employee of the company. 
D) an agent of the company. 
E) all of the above

Question 14

Reinstatement is more common as a remedy for wrongful dismissal of unorganized employees as opposed to those under collective agreements.

Accepted Answer

A) True 
 B)False

Question 15

Pay equity legislation aims to eliminate gender discrimination in employment remuneration.What is the difference between the concept of "equal pay for equal work" and the concept of "equal pay for work of equal value"?

Accepted Answer

Under the concept of equal pay for equal

Question 16

A rights dispute is one that arises between a union and an employer regarding the right of the union to act as the bargaining agent for the employees.

Accepted Answer

A) True 
 B)False

Question 17

In early September,John is employed by a technology company for an indefinite term as its quality control supervisor.John was hired on the basis of his resumé,which stated that he had extensive experience in quality control supervision,which was not true.A month later,although the company had not found out about John's misrepresentation,the company summarily dismissed John,because his actions as quality control supervisor made no sense and had jeopardized the safety of the 10 employees under his control.In this case

Accepted Answer

A) the company has the right to dismiss John for misrepresentation. 
B) the company has wrongfully dismissed John. 
C) the company has the right to dismiss John for just cause. 
D) the company has the right to dismiss John under the terms of his employment contract. 
E) the company has constructively dismissed John. 
A) the company has the right to dismiss John for misrepresentation. 
B) the company has wrongfully dismissed John. 
C) the company has the right to dismiss John for just cause. 
D) the company has the right to dismiss John under the terms of his employment contract. 
E) the company has constructively dismissed John.

Question 18

The usual minimum reasonable notice for a monthly hiring is

Accepted Answer

A) one month's notice. 
B) no notice. 
C) two weeks' notice. 
D) one week's notice. 
E) one day's notice. 
A) one month's notice. 
B) no notice. 
C) two weeks' notice. 
D) one week's notice. 
E) one day's notice.

Question 19

Where the employment of an employee is NOT ended for just cause

Accepted Answer

A) the employee may demand to be reinstated. 
B) the contract is deemed to have been frustrated. 
C) the termination is voidable. 
D) the employee may commence an action for wrongful dismissal. 
E) the conduct of the employer is an anticipatory breach. 
A) the employee may demand to be reinstated. 
B) the contract is deemed to have been frustrated. 
C) the termination is voidable. 
D) the employee may commence an action for wrongful dismissal. 
E) the conduct of the employer is an anticipatory breach.

Question 20

Reinstatement of an employee who has been wrongfully dismissed should be considered a remedy in itself in wrongful dismissal actions.Explain.

Accepted Answer

Generally common law courts have been un

Exam 18: The Contract of Employment

The following are all major types of disputes affecting trade unions EXCEPT

Which of the following is NOT true?

The legislation of most provinces regarding minimum standards applicable to employment provides no protection for employees who have employment contracts that exclude their operation.

The usual minimum notice requirement for a week hiring is

Explain the types of disputes that can affect trade unions.

John Jones is in the roofing business and enters into a contact with George Hopkins to put a new roof on George's house.John,who is extremely busy,decides to contract out the work to Albert.When Albert arrives,George refuses to let him do the work.In this case,under the contract

John works for a large plumbing company on a job-by-job basis.While the company finds John each of his jobs,he has his own tools and uses a company truck with the name of the company on it.John's work is always subject to supervision by the company.In this case,John can be said to be

An employer that dismisses an employee can give the employee reasonable notice of termination and avoid paying damages for wrongful dismissal.

Incompetence,disobedience,and misconduct justify an ending of the contract of employment for breach,but illness justifies an ending of the contract of employment for

Notice is not required

Albert is employed by a large construction company and is in charge of purchasing the company's building supplies.When Albert enters into contracts for the company with its suppliers,Albert is

Reinstatement is more common as a remedy for wrongful dismissal of unorganized employees as opposed to those under collective agreements.

Pay equity legislation aims to eliminate gender discrimination in employment remuneration.What is the difference between the concept of "equal pay for equal work" and the concept of "equal pay for work of equal value"?

A rights dispute is one that arises between a union and an employer regarding the right of the union to act as the bargaining agent for the employees.

The usual minimum reasonable notice for a monthly hiring is

Where the employment of an employee is NOT ended for just cause

Reinstatement of an employee who has been wrongfully dismissed should be considered a remedy in itself in wrongful dismissal actions.Explain.

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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