Question 1

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Accepted Answer

A) True 
 B)False

Question 2

Where an agent has been guilty of fraudulent misrepresentation,the agent must sue the principal.

Accepted Answer

A) True 
 B)False

Question 3

Discuss the principle of ratification.In your discussion,consider limitations on its availability.

Accepted Answer

This is a more technical discussion and

Question 4

Sam hires Joe to negotiate and sign a contract with Ken on Sam's behalf.Which of the following is true?

Accepted Answer

A) If Joe acts outside express,implied,and apparent authority,Sam is not bound by the contract,even if he ratifies the contract. 
B) If Joe acts within his apparent authority,but outside his express or implied authority,Sam will be bound by the contract. 
C) If Joe acts outside his express authority and negotiates and signs the contract with Ken,Sam may not be a party to that contract. 
D) If Joe acts outside his express,implied,and apparent authority,he could be sued by Sam,but not by Ken,because he has no contractual relationship with Ken. 
E) If Joe acts outside his implied and express authority,Sam will owe him for his services. 
A) If Joe acts outside express,implied,and apparent authority,Sam is not bound by the contract,even if he ratifies the contract. 
B) If Joe acts within his apparent authority,but outside his express or implied authority,Sam will be bound by the contract. 
C) If Joe acts outside his express authority and negotiates and signs the contract with Ken,Sam may not be a party to that contract. 
D) If Joe acts outside his express,implied,and apparent authority,he could be sued by Sam,but not by Ken,because he has no contractual relationship with Ken. 
E) If Joe acts outside his implied and express authority,Sam will owe him for his services.

Question 5

Which one of the following is just cause for dismissal?

Accepted Answer

A) absenteeism twice in the last year 
B) habitual negligence or incompetence 
C) tardiness once in the last two years 
D) no work to do 
E) refusal to work in an unsafe work environment 
A) absenteeism twice in the last year 
B) habitual negligence or incompetence 
C) tardiness once in the last two years 
D) no work to do 
E) refusal to work in an unsafe work environment

Question 6

Explain why picketing can be effective.

Accepted Answer

There is a strong union tradit

Question 7

When an agent has been dealing with a third party for an undisclosed principal and there is a default,what rights are available to the third party?

Accepted Answer

It can sue either th

Question 8

Although Jason had participated in the flower auction for the last nine years as an agent for Thos.Holt's Ltd.(Holt),with the authority to buy whatever he felt the store needed,on this day he was given express instructions to buy only cut flowers.When flats of young camellia bushes with a rare gold flower were being sold,Jason bought them on behalf of the company.Which of the following is true?

Accepted Answer

A) Holt is not bound by the contract,because Jason's authority was expressly restricted. 
B) Holt is estopped from denying Jason's authority. 
C) The key to determining whether or not Holt is bound by the contract is this: in the circumstances,should the auctioneer have confirmed with Holt the extent of Jason's authority? 
D) Holt is not bound by the contract,because Jason is in breach of his agency agreement. 
E) Holt is not bound since Holt didn't ratify the contract. 
A) Holt is not bound by the contract,because Jason's authority was expressly restricted. 
B) Holt is estopped from denying Jason's authority. 
C) The key to determining whether or not Holt is bound by the contract is this: in the circumstances,should the auctioneer have confirmed with Holt the extent of Jason's authority? 
D) Holt is not bound by the contract,because Jason is in breach of his agency agreement. 
E) Holt is not bound since Holt didn't ratify the contract.

Question 9

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

Accepted Answer

A) An employer can refuse to recognize a trade union or have any dealings with it. 
B) In most provinces,a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
C) A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
D) Once the union has been certified,the employer must consent to what the union demands in the new contract. 
E) The employer can refuse to have anything to do with the union even after it has successfully completed the certification process. 
A) An employer can refuse to recognize a trade union or have any dealings with it. 
B) In most provinces,a trade union must receive government certification through an employee voting process before it has the right to represent the employees in dealings with the employer. 
C) A union can call the employees it has organized out on strike to force the employer to recognize and deal with that trade union. 
D) Once the union has been certified,the employer must consent to what the union demands in the new contract. 
E) The employer can refuse to have anything to do with the union even after it has successfully completed the certification process.

Question 10

Discuss the extent of the obligations of the agent to the principal based on his or her fiduciary duty.

Accepted Answer

It is very important that students under

Question 11

Janice operates a tavern in town encountering financial difficulties because of a downturn in the economy.She recently hired Bob as a full-time bartender.In a private meeting with Janice before his first shift,Bob agreed to accept less than minimum wage in exchange for full-time hours.Additionally,the agreement was reduced to writing.In these circumstances,if the agreement were subsequently reviewed by an employment standards officer:

Accepted Answer

A) the agreement would be enforced given that it was on consent. 
B) the agreement would be enforced because Bob undoubtedly made up the shortfall in minimum wage in tips. 
C) the minimum standards found in provincial employment standards legislation cannot be waived by contract and Bob is therefore entitled to the full minimum wage. 
D) the agreement would be unenforceable because the employer operates a licensed establishment. 
E) the agreement would be enforceable because Bob received full-time hours in exchange for the reduction in pay. 
A) the agreement would be enforced given that it was on consent. 
B) the agreement would be enforced because Bob undoubtedly made up the shortfall in minimum wage in tips. 
C) the minimum standards found in provincial employment standards legislation cannot be waived by contract and Bob is therefore entitled to the full minimum wage. 
D) the agreement would be unenforceable because the employer operates a licensed establishment. 
E) the agreement would be enforceable because Bob received full-time hours in exchange for the reduction in pay.

Question 12

How is an agency relationship created?

Accepted Answer

An agency relationship is usua

Question 13

The employee's right to strike is limited to which of the following types of disputes?

Accepted Answer

A) jurisdictional dispute 
B) interest dispute 
C) rights dispute 
D) commercial disputes 
E) recognition dispute 
A) jurisdictional dispute 
B) interest dispute 
C) rights dispute 
D) commercial disputes 
E) recognition dispute

Question 14

When an employee is dismissed for just cause,he or she is not entitled to reasonable notice or pay in lieu of notice.

Accepted Answer

A) True 
 B)False

Question 15

In the process of assembling land for Ace Construction Ltd.to build a supermarket,Joe entered into a contract with the seller Sam.In which of the following situations would Sam be able to sue the principal,Ace?

Accepted Answer

A) Sam would be able to sue Ace where Joe exceeded his apparent and actual authority. 
B) Sam would be able to sue Ace where Joe revealed that he was acting as an agent,but did not disclose that he was acting for Ace in particular,and exceeded both his apparent and actual authority.Ace did not ratify the contract. 
C) Sam would be able to sue Ace where Joe was acting outside his authority and did not disclose that he was acting for Ace.Sam was aware of Joe acting independently at the time he entered into the contract. 
D) Sam would be able to sue Ace where Joe exceeded his actual authority but where Ace had led Sam to believe that Joe had the authority. 
E) Sam would be able to sue Ace where Joe disclosed that he was acting for Ace but made the contract "subject to ratification." 
A) Sam would be able to sue Ace where Joe exceeded his apparent and actual authority. 
B) Sam would be able to sue Ace where Joe revealed that he was acting as an agent,but did not disclose that he was acting for Ace in particular,and exceeded both his apparent and actual authority.Ace did not ratify the contract. 
C) Sam would be able to sue Ace where Joe was acting outside his authority and did not disclose that he was acting for Ace.Sam was aware of Joe acting independently at the time he entered into the contract. 
D) Sam would be able to sue Ace where Joe exceeded his actual authority but where Ace had led Sam to believe that Joe had the authority. 
E) Sam would be able to sue Ace where Joe disclosed that he was acting for Ace but made the contract "subject to ratification."

Question 16

When an employee leaves the job because of constructive dismissal,his or her only recourse is to complain to the appropriate human rights tribunal.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following statements is correct with respect to remedies for wrongful dismissal?

Accepted Answer

A) The court will usually order the employer to take the employee back. 
B) The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether or not he gets another job. 
C) The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place. 
D) If the employee gets another job within the period of notice he should have received,that will affect the amount of damages he will receive. 
E) It is up to the employee to determine the amount of notice he should have been given. 
A) The court will usually order the employer to take the employee back. 
B) The damages that are payable to the employee are calculated on the basis of what the employee would have received had he been given reasonable notice whether or not he gets another job. 
C) The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place. 
D) If the employee gets another job within the period of notice he should have received,that will affect the amount of damages he will receive. 
E) It is up to the employee to determine the amount of notice he should have been given.

Question 18

A salesman in a men's clothing store has heard rumours that the store is going out of business.The boss is out of the store when a customer who has heard the same rumour comes in and offers to purchase the store's entire stock,the display cases,and the fixtures.The salesman accepts on behalf of the employer.Discuss the legal position of the parties.

Accepted Answer

Unless the boss has given specific autho

Question 19

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

Accepted Answer

A) True 
 B)False

Question 20

Chris was a systems analyst hired to determine the best system for a retail china shop.After a careful analysis of the shop's needs and the available software,Chris presented a written report,which was approved by the owner of the business.Chris was paid his fee and was asked by the owner of the shop if he would act as agent in purchasing the hardware and software recommended in his report.The purchase was not to exceed $40 000 and the commission was to be $1000.Chris agreed.Read each of the following separately and indicate which is true.

Accepted Answer

A) The agreement to act as agent fails to be a valid agency contract because it is not in writing. 
B) If Chris buys the hardware and software himself for $36 000 and sells it to the owner for $39 000,he is entitled to his commission because the price to the owner is still less than the price allowed. 
C) Chris will not be in breach of his fiduciary duty if he buys the recommended system from a firm in which he has an interest,even if he does not mention that fact to the owner. 
D) Chris is entitled to accept a commission from both the seller and the purchaser,as long as the total price paid by the purchaser is less than $40 000 and the hardware and software is comparable to that recommended in the report. 
E) Chris could be in breach of his duties if he delegated the task to someone else. 
A) The agreement to act as agent fails to be a valid agency contract because it is not in writing. 
B) If Chris buys the hardware and software himself for $36 000 and sells it to the owner for $39 000,he is entitled to his commission because the price to the owner is still less than the price allowed. 
C) Chris will not be in breach of his fiduciary duty if he buys the recommended system from a firm in which he has an interest,even if he does not mention that fact to the owner. 
D) Chris is entitled to accept a commission from both the seller and the purchaser,as long as the total price paid by the purchaser is less than $40 000 and the hardware and software is comparable to that recommended in the report. 
E) Chris could be in breach of his duties if he delegated the task to someone else.

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Where an agent has been guilty of fraudulent misrepresentation,the agent must sue the principal.

Discuss the principle of ratification.In your discussion,consider limitations on its availability.

Sam hires Joe to negotiate and sign a contract with Ken on Sam's behalf.Which of the following is true?

Which one of the following is just cause for dismissal?

Explain why picketing can be effective.

When an agent has been dealing with a third party for an undisclosed principal and there is a default,what rights are available to the third party?

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

Discuss the extent of the obligations of the agent to the principal based on his or her fiduciary duty.

How is an agency relationship created?

The employee's right to strike is limited to which of the following types of disputes?

When an employee is dismissed for just cause,he or she is not entitled to reasonable notice or pay in lieu of notice.

In the process of assembling land for Ace Construction Ltd.to build a supermarket,Joe entered into a contract with the seller Sam.In which of the following situations would Sam be able to sue the principal,Ace?

When an employee leaves the job because of constructive dismissal,his or her only recourse is to complain to the appropriate human rights tribunal.

Which of the following statements is correct with respect to remedies for wrongful dismissal?

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

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

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Exam 6: Agency and Employment

Workers' compensation benefits are only available where the employee has been injured because of the fault of the employer.

Where an agent has been guilty of fraudulent misrepresentation,the agent must sue the principal.

Discuss the principle of ratification.In your discussion,consider limitations on its availability.

Sam hires Joe to negotiate and sign a contract with Ken on Sam's behalf.Which of the following is true?

Which one of the following is just cause for dismissal?

Explain why picketing can be effective.

When an agent has been dealing with a third party for an undisclosed principal and there is a default,what rights are available to the third party?

Which of the following statements is correct with respect to the process by which a union organizes the workforce of an employer?

Discuss the extent of the obligations of the agent to the principal based on his or her fiduciary duty.

How is an agency relationship created?

The employee's right to strike is limited to which of the following types of disputes?

When an employee is dismissed for just cause,he or she is not entitled to reasonable notice or pay in lieu of notice.

In the process of assembling land for Ace Construction Ltd.to build a supermarket,Joe entered into a contract with the seller Sam.In which of the following situations would Sam be able to sue the principal,Ace?

When an employee leaves the job because of constructive dismissal,his or her only recourse is to complain to the appropriate human rights tribunal.

Which of the following statements is correct with respect to remedies for wrongful dismissal?

An employer is vicariously liable for the torts committed on the job by employees and independent contractors.

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