Question 1

Which of the following is correct with respect to the ratification of an agent's contracts?

Accepted Answer

A) A principal can ratify a contract where the agent has gone beyond both his or her actual and apparent authority. 
B) A contract can only be ratified if the principal was not able to enter into the contract himself at the time of ratification. 
C) Ratification is always an intentional act and must be performed by the principal. 
D) When a contract entered into by an agent is ratified by a principal,it commences at the time the principal ratifies the contract. 
E) A principal can only ratify an agreement entered into by an agent if his or her name has not been used. 
A) A principal can ratify a contract where the agent has gone beyond both his or her actual and apparent authority. 
B) A contract can only be ratified if the principal was not able to enter into the contract himself at the time of ratification. 
C) Ratification is always an intentional act and must be performed by the principal. 
D) When a contract entered into by an agent is ratified by a principal,it commences at the time the principal ratifies the contract. 
E) A principal can only ratify an agreement entered into by an agent if his or her name has not been used.

Question 2

The fiduciary duty of an agent refers to his or her obligations to act within the limits of his or her actual or apparent authority.

Accepted Answer

A) True 
 B)False

Question 3

Which of the following is an example of an agent as opposed to an employee?

Accepted Answer

A) Joe worked as a delivery driver for Smith Textiles Ltd. 
B) Joe worked as the purchasing agent for Smith Textiles Ltd. 
C) Joe worked in the mailroom of Smith Textiles Ltd.,sorting mail. 
D) Joe worked as a janitor for Smith Textiles Ltd. 
E) Joe worked as a mechanic for Smith Used Cars Ltd. 
A) Joe worked as a delivery driver for Smith Textiles Ltd. 
B) Joe worked as the purchasing agent for Smith Textiles Ltd. 
C) Joe worked in the mailroom of Smith Textiles Ltd.,sorting mail. 
D) Joe worked as a janitor for Smith Textiles Ltd. 
E) Joe worked as a mechanic for Smith Used Cars Ltd.

Question 4

When another employer induces someone to leave her current employment,which of the following actions might the current employer pursue?

Accepted Answer

A) action for theft 
B) action for inducing breach of contract 
C) action for breach of confidentiality 
D) action for unfair competition 
E) action for breach of fiduciary duty 
A) action for theft 
B) action for inducing breach of contract 
C) action for breach of confidentiality 
D) action for unfair competition 
E) action for breach of fiduciary duty

Question 5

Which of the following statements is false with regard to ratification in agency law?

Accepted Answer

A) A principal cannot ratify a contract if he did not have the capacity to contract at the time the contract was made. 
B) A principal can ratify a contract inadvertently. 
C) If an agent exceeds her express authority,ratification is the only means by which the principal would be bound to honour the unauthorized contract. 
D) Ratification gives the agent authority retroactive to the time of contract. 
E) A principal cannot ratify a contract if at the time of the ratification he could not have entered into the contract. 
A) A principal cannot ratify a contract if he did not have the capacity to contract at the time the contract was made. 
B) A principal can ratify a contract inadvertently. 
C) If an agent exceeds her express authority,ratification is the only means by which the principal would be bound to honour the unauthorized contract. 
D) Ratification gives the agent authority retroactive to the time of contract. 
E) A principal cannot ratify a contract if at the time of the ratification he could not have entered into the contract.

Question 6

John had worked for his employer for 15 years when he was terminated without notice or pay in lieu of notice.He filed a lawsuit for wrongful dismissal as he felt there was no just cause for the termination,although he did believe there had been a plot to get rid of him.Which of the following is correct?

Accepted Answer

A) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice,but no punitive damages unless the employer had committed some tort related to John. 
B) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice and punitive damages as he was fired without just cause. 
C) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice and punitive damages due to the employer's malicious and outrageous act. 
D) John should have filed his lawsuit as a case of constructive dismissal in order to win punitive and aggravated damages. 
E) Even if there was no just cause,John likely would not be entitled to any compensation as he did not suffer actual psychological harm as a result of losing his job. 
A) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice,but no punitive damages unless the employer had committed some tort related to John. 
B) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice and punitive damages as he was fired without just cause. 
C) In the absence of just cause,John would likely be entitled to reasonable pay in lieu of notice and punitive damages due to the employer's malicious and outrageous act. 
D) John should have filed his lawsuit as a case of constructive dismissal in order to win punitive and aggravated damages. 
E) Even if there was no just cause,John likely would not be entitled to any compensation as he did not suffer actual psychological harm as a result of losing his job.

Question 7

When an employee is dismissed for just cause,he or she is entitled to reasonable notice or pay in lieu of notice.

Accepted Answer

A) True 
 B)False

Question 8

Explain how the principle of estoppel can be important in an agency relationship.

Accepted Answer

The authority of the agent to bind the p

Question 9

Workplace health and safety standards apply to all employees,but they do not apply to dependent and independent contractors.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following statements is correct with respect to the process of conciliation/mediation?

Accepted Answer

A) The conciliator or mediator's recommendations cannot be ignored by the parties. 
B) Conciliation/mediation is a process by which a third party is chosen by the government to impose a settlement on the parties. 
C) Conciliation/mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties. 
D) This refers to the requirement that the parties bargain in good faith to reach a contract. 
E) Conciliation/mediation is a process by which a person is chosen by either the government or the parties,who then tries to bring the parties to an agreement. 
A) The conciliator or mediator's recommendations cannot be ignored by the parties. 
B) Conciliation/mediation is a process by which a third party is chosen by the government to impose a settlement on the parties. 
C) Conciliation/mediation is a process by which a third party is chosen by the parties to impose a settlement on the parties. 
D) This refers to the requirement that the parties bargain in good faith to reach a contract. 
E) Conciliation/mediation is a process by which a person is chosen by either the government or the parties,who then tries to bring the parties to an agreement.

Question 11

Indicate three responsibilities of an employer in an employment relationship.

Accepted Answer

provide a safe workplace,appro

Question 12

Only employers are responsible for torts committed by their employees during the course of the employment.

Accepted Answer

A) True 
 B)False

Question 13

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Accepted Answer

A) True 
 B)False

Question 14

John Li has worked as manager of a video store for six years.Since the 7-Eleven next door began renting movies for 97 cents per night,Li's business has fallen off drastically.Accordingly,the owner of the video store told Li that,because the business had fallen on such hard times,he would take over managing and Li would have to assume the counter duties.The present counter clerk would be laid off.The owner also told Li that his wages would be reduced by 15%.When Li came to work the next day,he told the owner that he wouldn't accept the job working at the counter.The owner became angry and said,"If you don't like it,then you can leave! I don't have to put up with your insubordination for one minute!" Li left and then sued the owner for unlawful dismissal.The owner argued that he had "just cause": economic slowdown and disobedience.Based on the above facts,identify the true statement.

Accepted Answer

A) Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
B) The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
C) The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
D) If Li were wrongfully dismissed,he does not have to mitigate his losses by looking for a new job until the case has been resolved. 
E) The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown. 
A) Li would win the unlawful dismissal action because the owner "dismissed" him by unilaterally changing Li's job without Li's consent and insisting that Li do it. 
B) The owner cannot dismiss without cause even if he gives proper notice or pay in lieu thereof. 
C) The owner could fire Li without notice or pay in lieu of notice because Li refused his order to take over the counter. 
D) If Li were wrongfully dismissed,he does not have to mitigate his losses by looking for a new job until the case has been resolved. 
E) The owner was justified in firing Li without notice or pay in lieu of notice because of economic slowdown.

Question 15

Generally,a third party is bound to the principal only when it knows that the agent is acting for that principal.

Accepted Answer

A) True 
 B)False

Question 16

Explain the practice of "creative sentencing" introduced in some jurisdictions related to health and safety violations.

Accepted Answer

Where a company has violated safety rule

Question 17

Mediation is third-party intervention in the negotiation process to force an agreement.

Accepted Answer

A) True 
 B)False

Question 18

Jonathan waa used-car enthusiast.He entered into an agency agreement with Andrea.She owned a used car lot.The agency agreement limited Jonathan's authority to purchase used vehicles for under $25 000 and to ship them by flatbed to Andrea's lot.When passing through Toronto one Saturday morning,Jonathan stopped at an auto auction and saw a 1985 Jaguar that he wanted to bid on for Andrea.He was successful and purchased the vehicle for $24 000.However,he had no flatbed trailer and as such decided to drive the vehicle to Andrea's lot in London.He immediately arranged for automobile insurance on her behalf but without her authority.Near Kitchener he was involved in an automobile accident which resulted in the Jaguar being a total write-off.No one was injured.He contacted Andrea and informed her of the situation.She immediately contacted the insurance company to ratify the insurance contract.In these circumstances:

Accepted Answer

A) so long as the initial call made by the agent was prior to the accident,the insurance contract can be ratified. 
B) given that there was no personal injury,the insurance contract can be ratified. 
C) Andrea was unable to ratify the contract because at the time she attempted to do so,the accident had already occurred. 
D) because Jonathan had apparent authority to enter into the insurance contract,it is binding on Andrea. 
E) a principal can only ratify an agreement entered into by an agent if his or her name has not been used. 
A) so long as the initial call made by the agent was prior to the accident,the insurance contract can be ratified. 
B) given that there was no personal injury,the insurance contract can be ratified. 
C) Andrea was unable to ratify the contract because at the time she attempted to do so,the accident had already occurred. 
D) because Jonathan had apparent authority to enter into the insurance contract,it is binding on Andrea. 
E) a principal can only ratify an agreement entered into by an agent if his or her name has not been used.

Question 19

Discuss the concept of vicarious liability as it relates to employment and agency law.

Accepted Answer

Vicarious liability is where one person

Question 20

Which of the following is a true statement about the employer-employee relationship?

Accepted Answer

A) An employer cannot impose a duty of confidentiality on an employee,as this is a violation of the Charter of Rights and Freedoms. 
B) An employee for a company could not also be an agent at the same time for the company. 
C) The critical factor in this relationship is control; the employer tells the employee not only what to do but also how to do it. 
D) If an employer contracts to paint Mr.Shore's barn and sends an employee to do the painting,if the employee is not paid he can sue his or her employer or Mr.Shore for the wages. 
E) One responsibility of an employer is to provide the employee with lifetime work availability. 
A) An employer cannot impose a duty of confidentiality on an employee,as this is a violation of the Charter of Rights and Freedoms. 
B) An employee for a company could not also be an agent at the same time for the company. 
C) The critical factor in this relationship is control; the employer tells the employee not only what to do but also how to do it. 
D) If an employer contracts to paint Mr.Shore's barn and sends an employee to do the painting,if the employee is not paid he can sue his or her employer or Mr.Shore for the wages. 
E) One responsibility of an employer is to provide the employee with lifetime work availability.

Which of the following is correct with respect to the ratification of an agent's contracts?

The fiduciary duty of an agent refers to his or her obligations to act within the limits of his or her actual or apparent authority.

Which of the following is an example of an agent as opposed to an employee?

When another employer induces someone to leave her current employment,which of the following actions might the current employer pursue?

Which of the following statements is false with regard to ratification in agency law?

When an employee is dismissed for just cause,he or she is entitled to reasonable notice or pay in lieu of notice.

Explain how the principle of estoppel can be important in an agency relationship.

Workplace health and safety standards apply to all employees,but they do not apply to dependent and independent contractors.

Which of the following statements is correct with respect to the process of conciliation/mediation?

Indicate three responsibilities of an employer in an employment relationship.

Only employers are responsible for torts committed by their employees during the course of the employment.

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Generally,a third party is bound to the principal only when it knows that the agent is acting for that principal.

Explain the practice of "creative sentencing" introduced in some jurisdictions related to health and safety violations.

Mediation is third-party intervention in the negotiation process to force an agreement.

Discuss the concept of vicarious liability as it relates to employment and agency law.

Which of the following is a true statement about the employer-employee relationship?

The Canadian Legal System

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters

Exam 6: Agency and Employment

Which of the following is correct with respect to the ratification of an agent's contracts?

The fiduciary duty of an agent refers to his or her obligations to act within the limits of his or her actual or apparent authority.

Which of the following is an example of an agent as opposed to an employee?

When another employer induces someone to leave her current employment,which of the following actions might the current employer pursue?

Which of the following statements is false with regard to ratification in agency law?

When an employee is dismissed for just cause,he or she is entitled to reasonable notice or pay in lieu of notice.

Explain how the principle of estoppel can be important in an agency relationship.

Workplace health and safety standards apply to all employees,but they do not apply to dependent and independent contractors.

Which of the following statements is correct with respect to the process of conciliation/mediation?

Indicate three responsibilities of an employer in an employment relationship.

Only employers are responsible for torts committed by their employees during the course of the employment.

Dismissal without reasonable notice must be based on employee wrongdoing or a failure to perform the job.

Generally,a third party is bound to the principal only when it knows that the agent is acting for that principal.

Explain the practice of "creative sentencing" introduced in some jurisdictions related to health and safety violations.

Mediation is third-party intervention in the negotiation process to force an agreement.

Discuss the concept of vicarious liability as it relates to employment and agency law.

Which of the following is a true statement about the employer-employee relationship?

The Canadian Legal System

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters