Link 2 Flashcards

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1
Q

guilty act

A

actus reus

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2
Q

chattel mortgage on inventory, is a situation which the creditor can swoop down and immobilize the inventory still in stuck upon default

A

floating charge

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3
Q

the innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent

A

absolute liability

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4
Q

2 classes of servants

A

independent contractors and employees

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5
Q

when a contract is breached, the injured party must do what is required to limit the losses they suffer

A

duty to mitigate

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6
Q

when the public is misled into believing that one companies goods or services are those of a another similar brand or product

A

passing off

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7
Q

three ways a contract is breached

A

sabotage
repudiation
failure to perform

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8
Q

three ways to finance a new business

A

debt financing
equity financing
sale of assets

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9
Q

bailment for the sole benefit of the bailor

A

what is gratuitous bailment

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10
Q

three ways an employee can be terminated

A

contractual dismissal
rightful dismissal
wrongful dismissal

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11
Q

on the face of it

A

prima facie

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12
Q

an agreement by an offeror to leave an offer open for a specific period of time

A

option

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13
Q

right to use another’s land for a specific purpose

A

easement

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14
Q

if an employee of the hotel tells a guest that a hotel will provide a greater level of ability than the statutory limitations

A

equitable estoppel

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15
Q

Equal Pay Legislations

A

equal pay for males & females doing the same job
equal pay for substantially similar jobs
equal pay for jobs of equal value
pay for equity

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16
Q

3 conditions for a rightful dismissal

A

financial disloyalty
falsified qualifications
gross and continuing incompetence

17
Q

what are three kinds of misrepresentation

A

innocent, negligent, fraudulent

18
Q

consequences if you default on mortgage

A
foreclosure
power of sale
taking possession of property
action on the covenant
seizure and sale of property at auction
19
Q

what must be established for bailment

A

property delivered to bailee
property was accepted by the bailee
property not returned/not returned in proper conditions
bailee breached duty owed to bailor

20
Q

items employers can expect from their employees

A
proper performance of work
good faith and loyalty
confidentially
non-competition agreements
reasonable notice
21
Q

5 stages of civil action

A
pleadings
discoveries
pretrial/mediation
trail
appeals