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21 Cards in this Set
- Front
- Back
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which of the following is unlikely to result in a successful claim for constructive dismissal?
a. significant changes to benefit packages b. reconfiguration of office cubicles c. relocation to a different city d. minor change in durties or responsibilities e. any of the above are likely to result in a successful claim for constructive dismisal |
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the main objective of the competition act and other laws regulating marketing practices include:
a. ensuring a supply that is adequate to meet the demands of consumers b. ensuring that inventories held by retailers do not become excessive c. protecting consumers from unfair selling practices d. encouraging development of innovative new products |
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a party to a contract may wish to have a condition subsequet written into the contract:
a. if there is a risk of forfeiting a deposit if a deadline is missed b. if the party does not want to be bound to the terms of the contract if a certain situation arises c. to avoid the high cost of litigation if the contract is breached d. to ensure any dispute will be resolved according to the law in a designated jurisdiction |
b. if the party does not want to be bound to the terms of the contract if a certain situation arises
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sole proprietorship:
a. should have an office space apart from the sole proprietors home b. are businesses run by a single person without incorporation c. lead to the business being liable rater than the sole proprietor d. will likely lead to the sole proprietor receiving diffeernt tax treatment then if the income had been earned in the course of employment |
b. are bussinesses run by a single person without incorporation
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which of the following is not always a characteristic of the agent-principal relationship?
a. the agents authority may be general or it may be restrictive in some way b. the agent is an employee of the principal c. the agent has a duty to fairly represent the principal and to act in the best interests of the principal d. any third party with whom the agent deals has the right to rely on the agents authority and to hold the principal legally responsible for its dealings with the agent |
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nepotism policy
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allows employer to discriminate in favor of family in some circumstances
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fudiciary relationship
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act in good faith
dr. phil likes to say it |
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caveat emptor
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letting the buyer beware. used in a pre/before situation so they they know what theyre getting themselves into.
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what is the difference between limited partnership and limited liability partnership
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one or more general partners and one or more limited partners
limited partners provide firm iwth money/property, not service, in exachange of profit limited partners dont manage, liability limited new way to address some of the key risks of general partnershipsavailable only to lawyers, notaries, and cpastwo or more people enter into a written partnership agreement designating it, and stating the act governslimited liability partner not liable for professional negligence of other partnersfirm must include LLP in name |
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what is an independent contractor? why does the designation matter?
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responsible for own remittances to government
face liability in their own capacity independent own working hours |
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what is an agent? what are some of an agents duties?
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person with authority to act on anothers behalf
relationships are contractual can be used as form of business organization must obey, confidential, professional, loyal, accountability |
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your company hosts a christmas party for employees. the employees are provided with unlimited alcohol. describe three steps the company can take to meet is standard of care.
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drivers who are not permitted to drink alcohol
bartenders refuse to serve intoxicated people nobody under drinking age no injuries do not give company bad reputation |
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what is a cooling-off period? name one type.
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a period of time during which the purchaser may cancel a purchase. Standstill period, the time to allow unsuccessful bidders to challenge the decision before a contract is signed.
consumer rights |
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some agreements contain clauses that govern where dispute resolution will occur. why are these clauses important?
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identify a basic contract - one that you entered from day-to-day or one that was simply written. name two implied terms in that contract.
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We discussed 4 rules for when property passes. Indentify, describe, and provide example of each rule.
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1. transfer of specific goods in deliverable state
2. goods must be put in deliverable state 3. seller must do something to ascertain price 4. goods on approval-property passes when the buyer accepts, when the time runs out and buyer hasnt rejected. buyer keeps the goods. 5. unascertained goods-goods must be set aside and identified before title can pass |
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What are the three categoies of restrictive trade practices?
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What is a partnership? What are some of the advantages and disadvantages with a partnership?
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general partnership, limited partnership, limited liability partnership
advantages easier to start, cheaper, each partner has equal responsibilities and gains/losses disadvantages joint and several liabilities |
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-Your business becomes involed in a dispute with another business. You believe your witness is on stronger legal ground than your opponent. Discuss three reasons why you may not want to litigate the matter.
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One of your friends asks you, "what is the law?". Answer your friends question with a focus on the school of legal thought we discussed in class.
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the law is what the lawmaker makes
4 school of thought legal realist-apply personal bias natural law-no connection between law and morality critical legal theory-law is meaningless, law doesnt matter whats on paper law is fact driven |
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How does human rights law impact the employer-employee relationship? When do human rights laws apply in the relationship?
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