Link 2 Flashcards
guilty act
actus reus
chattel mortgage on inventory, is a situation which the creditor can swoop down and immobilize the inventory still in stuck upon default
floating charge
the innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent
absolute liability
2 classes of servants
independent contractors and employees
when a contract is breached, the injured party must do what is required to limit the losses they suffer
duty to mitigate
when the public is misled into believing that one companies goods or services are those of a another similar brand or product
passing off
three ways a contract is breached
sabotage
repudiation
failure to perform
three ways to finance a new business
debt financing
equity financing
sale of assets
bailment for the sole benefit of the bailor
what is gratuitous bailment
three ways an employee can be terminated
contractual dismissal
rightful dismissal
wrongful dismissal
on the face of it
prima facie
an agreement by an offeror to leave an offer open for a specific period of time
option
right to use another’s land for a specific purpose
easement
if an employee of the hotel tells a guest that a hotel will provide a greater level of ability than the statutory limitations
equitable estoppel
Equal Pay Legislations
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
3 conditions for a rightful dismissal
financial disloyalty
falsified qualifications
gross and continuing incompetence
what are three kinds of misrepresentation
innocent, negligent, fraudulent
consequences if you default on mortgage
foreclosure power of sale taking possession of property action on the covenant seizure and sale of property at auction
what must be established for bailment
property delivered to bailee
property was accepted by the bailee
property not returned/not returned in proper conditions
bailee breached duty owed to bailor
items employers can expect from their employees
proper performance of work good faith and loyalty confidentially non-competition agreements reasonable notice
5 stages of civil action
pleadings discoveries pretrial/mediation trail appeals
