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Final exam Flashcards

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1
Q

When are things attached to land Not fixtures?

A
  1. When they aren’t meant to be permanent.
  2. if they can be removed without causing damage
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2
Q

What does it mean when we say Property rights aren’t absolute

A

There is no one ultimate claim to property it’s about who has the “better claim”

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3
Q

What are the three possessory interests in land?

A

Fee simple: most complete ownership.
Life estate: right of possession during their lifetime
Leasehold estate: right of possession due to a contract

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4
Q

What are some interests that aren’t possessory (don’t have to do with ownership)

A

Easement: the right to use land
Right of Way: Easement but for entering and exiting the property
Licenses: right to profit from land
Restrictive covenant: you’re not allowed to use this land for xyz…
Mortgage: ability to take land if someone defaults

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5
Q

What’s the difference between joint tenancy and tenancy in common

A

(J/T) has right of survivorship where if one dies the other takes over their ownership. Also, there is equal interest
In (T/IC) if one dies their estate gets the ownership. Split can be whatever.

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6
Q

When does the finders keeps rule not apply?

A

It doesn’t apply when the personal property was found on private property

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7
Q

What is a bailment? What factors affect the standard of care?

A

A bailment is when one person is in possession of someone else’s property.
Things like who it’s benefitting, value of the goods, and the contract terms all affect the bailment.

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8
Q

What do trademarks protect? What happens after 5 years? 10?

A

Trademarks protect logos, words, or images that distinguish a product.
ONLY IF REGISTERED: After 5 years nobody can say they were using your TM first
After 10 years you have to renew the TM.

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9
Q

What is passing off? What about TM dilution?

A

Passing off is a tort with trademarks where one person tries to copy the product of another AND it causes damages. Dilution isn’t deceptive but it’s trying to hurt someone else’s mark’s reputation

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9
Q

What are the remedies for TM and Patent torts?

A

You can receive damages, an injunction (STOP), accounting of profits, and delivering up

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9
Q

What does copyright protect?

A

Copyright protects any original piece of art.

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10
Q

What are the requirements for enforcement of copyright? is registration one?

A

The requirements are that the art must be original, must be fixed (stored), and connected to Canada.

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11
Q

Can you sell intellectual property?

A

Yes, it’s considered property. It can be bought, sold, gifted, etc.

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12
Q

What does fair dealing allow?

A

permits unauthorized copyright use for review, personal study, criticism, news, parody. Must be done “fairly”

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13
Q

What are moral rights?

A

They are rights separate from copyright. 1. Right to attribution. 2. Right to not have work disparaged.

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14
Q

What do patents protect?

A

Patents protect inventions that are New (can’t have been publicly disclosed more than 1 year before application), useful, and not obvious.

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15
Q

What does industrial design protect?

A

Industrial design protects the visual appearance of a product.

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16
Q

Which of the intellectual properties must be registered?

A

Industrial design and patents must be protected.

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17
Q

Why is it important to distinguish between employee and independent contractor?

A
  1. Vicarious liability for the employer
  2. employment legislation
  3. income tax reasons
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18
Q

What are the tests to distinguish between an I.C. and an employee

A
  1. who has control?
  2. level of integration
  3. other factors (who buys the tools)
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19
Q

What are some obligations of the employer?

A

Provide pay, safe work environment, and comply with employment laws

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20
Q

What are the obligations of the employee?

A

Show up on time, work competently, be loyal, and (sometimes) fiduciary duty (only for directors, officers, and agents)

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21
Q

When termination of an employee with cause, what are they owed?

A

They aren’t owed anything

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22
Q

What are some examples that cause can be based on? what does progressive discipline have to do with it?

A

Cause can be based on serious misconduct, absenteeism, criminal behavior, assault, dishonesty, etc. Progressive discipline helps document and prove serious misconduct for a court.

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23
Q

To amount to cause to what level does the conduct have to arise?

A

Must destroy trust in the relationship. Must break a fundamental part of the employment contract. Must be inconsistent with the employee’s job.

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24
Q

What are the two sets of obligations if an employee is terminated without cause?

A
  1. must provide reasonable notice or pay in lieu of reasonable notice under common law and ESA.
  2. must provide ESA severance. 1 week/year max of 26 years.
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25
Q

What are Bartel damages? What are the different cases of wrongful dismissal?

A

Bartel damages are damages for wrongful dismissal. These will give damages for the missed pay in lieu of reasonable notice.
Wrongful dismissal: discrimination, bad faith (not business reasons), and no reasonable notice

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26
Q

ESA describes some minimum standards that can’t be opted out of what are some examples?

A

Minimum wage, time off, hours needed to work, termination and severance

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27
Q

When is drug testing illegal? when is it legal?

A

Mandatory drug testing is illegal but testing for impairment after an accident is legal. Also, it’s legal is some fields where public safety is a high priority.

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28
Q

Where does HR legislation apply?

A

It applies in employment, housing, and government services

29
Q

What are the three ways to certify a union?

A
  1. more than 50% of employees are a part of the union
  2. a vote is held and more than 50% of the votes approve
  3. there’s an illegal move by the employer so the union automatically steps in.
30
Q

What are some attributes of a collective bargaining agreement?

A

It’s an agreement of agency. Prohibits strikes and lockouts. has a term life of at least one year. Becomes the employment contract

31
Q

What does the sale of goods act not apply to?

A

Only applies to sale of personal property. Doesn’t apply to services, real property, intangibles, gifts, leases or licenses

32
Q

What does the term Caveat emptor mean?

A

It means buyer beware. Back in the days the law used to protect sellers not buyers.

33
Q

What are the implied conditions of a sales contract according to SGA

A
  1. right to sell
  2. matches description
  3. matches sample
  4. merchantable quality
  5. reasonably suitable for INTENDED purpose
34
Q

What are the implied warranties

A
  1. no encumbrances (strings attached)
  2. reasonable payment time
  3. reasonable delivery time
35
Q

When are the implied terms of a sale of goods contract allowed to be modified?

A

When it’s a business transaction not a consumer transaction.

36
Q

If there’s a breach of an SGA contract what are the remedies?

A

repudiation and damages (not going to do my promise) (for breach of condition)
damages (breach of warranty)

37
Q

What does the consumer protection act protect?

A

Protects all consumer purchases

38
Q

What are some of the controlled business practices?

A

Door-to-door sales, telemarketing, time shares, fitness clubs, used cars, MLM

39
Q

What does the Competition act influence?

A
  1. It restricts all mergers/acquisitions
  2. Prohibits anti-competitive behavior
  3. Prohibits misleading advertising (drip pricing)
  4. prohibits illegal practices (like price fixing)
40
Q

What are anti-competitive practices? What force protects against it?

A

The competition tribunal protects against
Price fixing, bid rigging, fake prices, abuse of dominant position, predatory pricing, and refusal to supply

41
Q

What are the three main strategies that creditors use to minimize risk?

A

Good credit practices, securing collateral, and guarantors

42
Q

What are the three conditions for attachment?

A

Debtor receives value (buys a skin), debtor has collateral (other v-bucks), debtor signs security agreement (agrees to epic terms and conditions).

43
Q

What is needed to have perfection?

A

You need attachment + registration under PPSA

44
Q

What are some of the characteristics of a guarantee contract?

A

The contract must be in writing, the guarantor must receive consideration (could be the debtor getting credit), and the contract is conditional.

45
Q

What are the purposes of bankruptcy law?

A

Protect creditors. Rehabilitate debtors. Fair distribution of assets

46
Q

What’s the difference between Bankruptcy and Insolvency?

A

Bankruptcy is a legal process in which assets are transferred to a trustee in order to distribute.
Insolvency is a matter of fact that you can’t pay your debts or liabilities exceed assets.

47
Q

What are the stages a corporation goes through before bankruptcy?

A
  1. Informal calls
  2. formal proposals (division 1 for businesses)
48
Q

What’s the order the assets are distributed in bankruptcy?

A
  1. secured creditors
  2. preferred unsecured creditors
  3. ordinary unsecured creditors (pro rata basis)
49
Q

What is an aboriginal title? what rights does this grant?

A

right of exclusive use and occupation.
2. right to benefit economically
3. can only be sold to the crown

50
Q

Cosignment

A

The owner of goods permits someone else to sell their goods (think artist cosigning with a label)

51
Q

Bundle of rights

A

Rights attributed to owning property. includes right to exclude, right to possess and use, and the right to transfer to others.

52
Q

Can a bailee be liable for a lost or stolen item?

A

Yes! if they are negligent or intentionally do wrong, they can be found liable.

53
Q

What can’t be patented

A

Things that get exclusive protection in other areas of the law, things that are protected by policy, things that don’t meet the requirements.

54
Q

What are the two parts of a patent?

A

Specifications: The details of the invention
Claims: the rights of the holder

55
Q

What must be demonstrated to register a TM

A
  1. it’s distinctive
  2. The owner has the title to the TM
  3. it’s registerable (not someone’s name, not descriptive, not deceptive, not confusing, not the word in any language
56
Q

How is copyright infringement measured

A

It’s measured by if a distinctive part is copied not a certain percent

57
Q

What are the requirements for confidential business info?

A
  1. value in it being unknown
  2. efforts were taken to keep it secret
  3. not known in the industry
58
Q

What are the obligations of those selling land?

A

Must no mislead, must answer questions honestly, must disclose defects.

59
Q

What are some risks in buying land? what are ways to mitigate these risks?

A

Risks: there are squatters. There is damage to the property, government has a claim on it.
Mitigation: do a title search, look at the property, ask questions

60
Q

What are the three stages of transfer of land?

A

Agreement of purchase and sale.
Investigation
Closing

61
Q

What is the human rights commission? What are the types of Discrimination they look for?

A

They are a governing body that enforces HR legislation. They look for systemic and adverse effect discrimination

62
Q

What is a Bonafide occupational requirement?

A

It is an aspect of a job that cannot be accommodated. Discrimination is ok in this circumstance.

63
Q

What is constructive dismissal? What are you entitled to?

A

Constructive dismissal is when an employer changes a condition of an employment contract. This can be treated as a dismissal without cause.

64
Q

What three duties do professionals have?

A

Contractual duties, fiduciary duties, and tort duties (avoid negligence)

65
Q

What are some shipping terms?

A

Bill of lading: contract
stoppage in transit: when a buyer is insolvent good be returned
CIF: seller pays for everything
FOB: seller gets it to a carrier
COD: cash on delivery

66
Q

What is price fixing? when is it legal?

A

Price fixing is artificially driving up the price. Only illegal when it excludes rivals or prevents entry into a market.

67
Q

What are duties of the bank.

A
  1. fiduciary duty when giving advice
  2. honor payment instructions
  3. collect payments
  4. provide account info
  5. maintain the privacy of customers info
68
Q

What are the three negotiables instruments

A

Promissory note: written promise to pay someone
Bill of exchange GLUCK
check

69
Q

What are the three ways an insolvent person becomes bankrupt?

A
  1. assignment in bankruptcy (voluntary)
  2. Creditors apply for bankruptcy order
  3. Divison1 proposal fails
70
Q

What are some bankruptcy offenses?

A

transferring property, false info, refusing to answer questions truthfully, tampering, concealing assets.

71
Q

Who has super priority claims?

A

unpaid suppliers, employees (wages and pension), debtor in processes

Business law (4 decks)

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