Question 1

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

Accepted Answer

A) True 
 B)False

Question 2

Why is the distinction between employment and an independent contract important?

Accepted Answer

A) An employee can bind the employer in a contract he enters into on behalf of the employer. 
B) An independent contractor cannot be sure that she will be paid. 
C) Employees can withdraw their services. 
D) An employer may be held responsible for torts committed by the employee. 
E) An employee has the right to wages. 
A) An employee can bind the employer in a contract he enters into on behalf of the employer. 
B) An independent contractor cannot be sure that she will be paid. 
C) Employees can withdraw their services. 
D) An employer may be held responsible for torts committed by the employee. 
E) An employee has the right to wages.

Question 3

Some jurisdictions have introduced "creative sentencing" for offences related to the violation of safety rules under workers' compensation legislation.This usually involves holding corporate officers and directors personally liable,but allowing them to serve jail time on weekends only and giving them credit for implementing new safety practices at work.

Accepted Answer

A) True 
 B)False

Question 4

A contract entered into by an agent cannot be ratified inadvertently by the principal.

Accepted Answer

A) True 
 B)False

Question 5

Under what circumstances can an employee be terminated without notice?

Accepted Answer

The answer of Under what circumstances can an employee be...

Question 6

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice he was entitled to,what factors would the court take into consideration in assessing the damages he will be awarded?

Accepted Answer

Joe must mitigate his losses,so the cour

Question 7

When an agent acts beyond the specific authority given by the principal,that action will not be binding on the principal.

Accepted Answer

A) True 
 B)False

Question 8

During bargaining,both parties are required to bargain in good faith.This means they must compromise to reach an agreement.

Accepted Answer

A) True 
 B)False

Question 9

If you hire Gnowsky to act as your agent,which of the following is true with regard to the duties he owes to you?

Accepted Answer

A) Gnowsky need not tell you everything relevant to his task that a reasonable person would consider might affect your decision making. 
B) Gnowsky need not use reasonable care,skill,and diligence in his service to you. 
C) An agent may delegate his or her authority without the authorization of his or her principal. 
D) Even when Gnowsky is acting as your agent,he need not put your interest above his own. 
E) Gnowsky's failure to obey you and to act within the authority given him would allow you to sue him for breach of contract. 
A) Gnowsky need not tell you everything relevant to his task that a reasonable person would consider might affect your decision making. 
B) Gnowsky need not use reasonable care,skill,and diligence in his service to you. 
C) An agent may delegate his or her authority without the authorization of his or her principal. 
D) Even when Gnowsky is acting as your agent,he need not put your interest above his own. 
E) Gnowsky's failure to obey you and to act within the authority given him would allow you to sue him for breach of contract.

Question 10

What restrictions are there on a principal's right to ratify?

Accepted Answer

The principal can only ratify if it was

Question 11

Union employees have a legal obligation to honour (that is,to not cross)a properly constituted picket line during a lawful strike or lockout.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements is true with regard to an agent's duties?

Accepted Answer

A) A real estate agent may buy property from a third party if it is at a good price and then sell the property to his or her principal at a higher price. 
B) An agent must always scrupulously account for money coming into his or her hands on behalf of his principal. 
C) An agent need not disclose all relevant information to the principal. 
D) An agent is not entitled to the agreed-upon commission and reasonable expenses undertaken on behalf of his or her principal in carrying out his or her duties. 
E) An agent cannot act for two principals even with the knowledge and consent of those principals. 
A) A real estate agent may buy property from a third party if it is at a good price and then sell the property to his or her principal at a higher price. 
B) An agent must always scrupulously account for money coming into his or her hands on behalf of his principal. 
C) An agent need not disclose all relevant information to the principal. 
D) An agent is not entitled to the agreed-upon commission and reasonable expenses undertaken on behalf of his or her principal in carrying out his or her duties. 
E) An agent cannot act for two principals even with the knowledge and consent of those principals.

Question 13

A twenty-year-old employee who is terminated without cause from her minimum wage employment as a waitress after four months employment in an area where lots of other restaurants and bars are looking to hire waitresses would likely receive the following,above and beyond the minimum statutory notice,for reasonable notice at common law.

Accepted Answer

A) two weeks 
B) one month 
C) two months 
D) zero weeks 
E) one year 
A) two weeks 
B) one month 
C) two months 
D) zero weeks 
E) one year

Question 14

Stu hires Jan to negotiate and sign a contract with Ken on Stu's behalf.Which of the following is false?

Accepted Answer

A) If Jan acts outside express,implied,and apparent authority,Stu could still approve the contract and be bound by it. 
B) If Jan acts within her apparent authority,but outside her express or implied authority,Stu will be bound by the contract but may sue Jan for breach of her agency contract. 
C) If Jan acts within her implied authority,Stu will owe her for her services. 
D) If Jan contracts with Ken on behalf of Stu but acts outside her express,implied,and apparent authority,Ken could not sue her for breach of contract because Ken has no contract with her. 
E) If Jan acts within her express authority and negotiates and signs the contract with Ken,Jan is not a party to that contract. 
A) If Jan acts outside express,implied,and apparent authority,Stu could still approve the contract and be bound by it. 
B) If Jan acts within her apparent authority,but outside her express or implied authority,Stu will be bound by the contract but may sue Jan for breach of her agency contract. 
C) If Jan acts within her implied authority,Stu will owe her for her services. 
D) If Jan contracts with Ken on behalf of Stu but acts outside her express,implied,and apparent authority,Ken could not sue her for breach of contract because Ken has no contract with her. 
E) If Jan acts within her express authority and negotiates and signs the contract with Ken,Jan is not a party to that contract.

Question 15

Explain what is meant by an agent's fiduciary duty.Give three examples of how that fiduciary duty can be breached.

Accepted Answer

Examples of the agent's fiduciary duty a

Question 16

What conditions must be met before the employees can go on strike?

Accepted Answer

The collective agreement must

Question 17

On Friday afternoon,Frieda was told not to return to work because her job was gone.If her employer is in a non-unionized business and had no "just cause" to dismiss her,which of the following is true?

Accepted Answer

A) If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period,it would consider,among other things,Frieda's sex and religion. 
B) The amount of notice could be set out in the employment contract,and that amount would override the amount set by the common law,unless it was less than the minimum amount set out in the Employment Standards Act. 
C) Additional notice must be given even if the employer pays Frieda an amount of money equivalent to the amount of money she would have earned during the notice period. 
D) The amount of notice to be given to Frieda is limited to the employment contract. 
E) Frieda can elect to have a notice period or to take money in lieu of notice. 
A) If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period,it would consider,among other things,Frieda's sex and religion. 
B) The amount of notice could be set out in the employment contract,and that amount would override the amount set by the common law,unless it was less than the minimum amount set out in the Employment Standards Act. 
C) Additional notice must be given even if the employer pays Frieda an amount of money equivalent to the amount of money she would have earned during the notice period. 
D) The amount of notice to be given to Frieda is limited to the employment contract. 
E) Frieda can elect to have a notice period or to take money in lieu of notice.

Question 18

Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?

Accepted Answer

A) The employee is not obligated to give notice to the employer and can leave the job immediately if working conditions are unreasonably dangerous and the employer refuses to take reasonable steps to correct them. 
B) An employee is not obligated to give the employer notice where the employer gives the employee unreasonable or dangerous orders. 
C) The employee is obligated to give reasonable notice unless there is just cause for leaving. 
D) The employee can refuse to give notice and leave immediately if the employer involves the employee in immoral or illegal activities. 
E) The employee can leave immediately without notice if he has a better job to go to. 
A) The employee is not obligated to give notice to the employer and can leave the job immediately if working conditions are unreasonably dangerous and the employer refuses to take reasonable steps to correct them. 
B) An employee is not obligated to give the employer notice where the employer gives the employee unreasonable or dangerous orders. 
C) The employee is obligated to give reasonable notice unless there is just cause for leaving. 
D) The employee can refuse to give notice and leave immediately if the employer involves the employee in immoral or illegal activities. 
E) The employee can leave immediately without notice if he has a better job to go to.

Question 19

The process by which a particular union achieves the status of bargaining agent for a group of employees is called:

Accepted Answer

A) certification. 
B) binding arbitration. 
C) arbitration. 
D) conciliation. 
E) job action. 
A) certification. 
B) binding arbitration. 
C) arbitration. 
D) conciliation. 
E) job action.

Question 20

When a principal is undisclosed,the third party is restricted to suing the agent.

Accepted Answer

A) True 
 B)False

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

Why is the distinction between employment and an independent contract important?

A contract entered into by an agent cannot be ratified inadvertently by the principal.

Under what circumstances can an employee be terminated without notice?

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice he was entitled to,what factors would the court take into consideration in assessing the damages he will be awarded?

When an agent acts beyond the specific authority given by the principal,that action will not be binding on the principal.

During bargaining,both parties are required to bargain in good faith.This means they must compromise to reach an agreement.

If you hire Gnowsky to act as your agent,which of the following is true with regard to the duties he owes to you?

What restrictions are there on a principal's right to ratify?

Union employees have a legal obligation to honour (that is,to not cross)a properly constituted picket line during a lawful strike or lockout.

Which of the following statements is true with regard to an agent's duties?

Stu hires Jan to negotiate and sign a contract with Ken on Stu's behalf.Which of the following is false?

Explain what is meant by an agent's fiduciary duty.Give three examples of how that fiduciary duty can be breached.

What conditions must be met before the employees can go on strike?

On Friday afternoon,Frieda was told not to return to work because her job was gone.If her employer is in a non-unionized business and had no "just cause" to dismiss her,which of the following is true?

Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?

The process by which a particular union achieves the status of bargaining agent for a group of employees is called:

When a principal is undisclosed,the third party is restricted to suing the agent.

The Canadian Legal System

Torts and Professional Liability

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Methods of Carrying on Business

Property

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Electronic Commerce and International Trade

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Exam 6: Agency and Employment

Mediation involves a process whereby some third party tries to help the conflicting parties reach an agreement.

Why is the distinction between employment and an independent contract important?

A contract entered into by an agent cannot be ratified inadvertently by the principal.

Under what circumstances can an employee be terminated without notice?

If Joe sued Sam for wrongful dismissal and it was established that Joe was not given the proper notice he was entitled to,what factors would the court take into consideration in assessing the damages he will be awarded?

When an agent acts beyond the specific authority given by the principal,that action will not be binding on the principal.

During bargaining,both parties are required to bargain in good faith.This means they must compromise to reach an agreement.

If you hire Gnowsky to act as your agent,which of the following is true with regard to the duties he owes to you?

What restrictions are there on a principal's right to ratify?

Union employees have a legal obligation to honour (that is,to not cross)a properly constituted picket line during a lawful strike or lockout.

Which of the following statements is true with regard to an agent's duties?

Stu hires Jan to negotiate and sign a contract with Ken on Stu's behalf.Which of the following is false?

Explain what is meant by an agent's fiduciary duty.Give three examples of how that fiduciary duty can be breached.

What conditions must be met before the employees can go on strike?

On Friday afternoon,Frieda was told not to return to work because her job was gone.If her employer is in a non-unionized business and had no "just cause" to dismiss her,which of the following is true?

Which of the following statements is false with respect to the employee's obligation to give the employer notice upon quitting?

The process by which a particular union achieves the status of bargaining agent for a group of employees is called:

When a principal is undisclosed,the third party is restricted to suing the agent.

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