MISC Flashcards
Two ways intellectual property is owned
result of being created or being used
right to transfer/dispose
transfer to transfer or dispose
right to exclude
can’t enter someone’s land or can’t modify copyright work
common law liability of bailees
governed by the common law of bailment, statuory rules may be imposed on special types of bailees
gratuitious bailment
no payment
contract of bailment
- services to be provided by the bailee
- price to be paid by bailor and payment terms
- extent to which bailee is liable for damage/loss
- remedies
Examples of intellectual property
recipes, manufacturing process, advertising jingles, business/marketing plans
how long does industrial design registration last
10 years
trade name
the number under which a business does business
cyber squatting
registering trademarks/domain names for the purpose of selling
moral rights
paternity, integrity, association
confidential business information
- strategic businesss information
- products
- technological secrets
- nondisclosure agreements
- can be protected forever (coke)
wrongful dismissal
- employee claims no just cause
- inadequate notice
- provincial / federal remedies
constructive dismissal
- changing employee contract so they will leave
- changing fundamental terms: salary, benefits, job content, status
employees under federal legislation
banking, airline, broadcasting
dependent contractor
has economic dependency on employer as a result of working exclusively or nearly exclusively for the employer for a long period
negligent hiring
requires plaintiff to prove that the employer was careless
bona fide occupational requirement
excuses discrimination on a prohibited ground when done in good faith and for actual business reasons
employment standards legislation
sets out min standards in work place
workers compensation legislation
addresses accidents and injuries in the workplace
drug and alc testing
- reasonable suspicision
- BFOR
privacy act
federal, protects employee data
labour relations board
a body that administers labour relations legislation
certification
process by which a union is recognized as a bargaining agent for group of employees
progressive discipline policy
a system in which the employer applies discipline from less to more severe dismissal
union related firing
solved with arbitration (middle ground)
professional
specialized knowledge, education and skill
duties professionals owe to clients
- contractual
- tort
- fiduciary
retainer
advance payment requested by professional
right to govern themselves
professionals
conditions implied by SOGA
- seller has right to sell
- reasonably fit for the intended purpose
- merchantable quality
- matches sample
- equivalent to description
warranties implied by SOGA
- buyer enjoys possession of goods
- free from liens/encumbrances in favour of third parties
- reasonable payment/delivery
bill of lading
a shipping doc that serves as a contract between seller and carrier
stoppage in transit
the right of a seller to demand that goods be returned by a shipper to the seller, provided that the buyer is insolvent
cif
seller responsible
cod
cash on delivery
unascertained goods
not identifaible at time contract is formed
damages for non-acceptance:
when title has not passed to the buyer, damages to which a seller is entitled is if a buyer refused to accept goods prior to title shitfting
action for the price
when title has passed to the buyer, the buyer must pay the purchase price
consumer protect legislation SUPPLEMENTS soga
applies to goods and services
advertising standards canada
established by the advertising community to promote public confidence in its products and services
broadcast media
canadian broadcast standards council
deceptive prize notices
making someone pay before they can collect prize
bid rigging
conspiring to fix the bidding process to suit the needs of those submitting bids
price discrimination
reviewable, the seller provides different terms to competing customers
exclusive dealing
seller only sells if purchaser buys from it exclusively
tied selling
when a seller will sell to a purchaser on the same terms as those that are offered to the purchasers competitors
negotiable instruments
cheque, promissory note, bill of exchange
restrictive endorsement
signing a cheque for deposit only to a particular bank account
special endorsement
signing a cheque and making it payable to a specific person
after-acquired property
collateral that includes personal property acqiored by the debtor during the term of the loan
financing statement
document registered as evidence of a security interest
PMSI
super priority
accelaration cause
a term of a loan agreement that makes the entire loan due if one payment is missed
subrogation
the right of a gurantor to recover from the debtor from any payments made to the creditors
div 1 proposal
- available to indivdiauls and corporations with no limit on total debt owed –> denied means automatic bankruptcy
div 2
for individuals with debts less than 250,000 –> denied= amend, consider other options or bankruptcy
preferred creditors
certain unsecured creditors who are given priority over other unsecured creditors (funeral expenses, trustee fees)
employees r considered
secured up to 2000
