Review Flashcards
Laws duty enacted by a person or body having the authority to enact and enforce them
positive law
A plaintiff id party or solely the cause of his or her own injury
contributory negligence
under contract law, list the three types of mistake the law recognizes
common, mutual and unilateral
Hoe can an employer escape alcohol misuse liability
- the employee was clearly instructed not to serve a patron
- the server ignored the instructions out of friendship or infatuation
- the server did not charge the patron for the drinks
List the 3 subtle signs of intoxication
1, behavioual changes
- changes in speech
- loss of co-ordination
Clauses in the purchase agreement to restrict the seller from competing with the business for a reasonable amount of time within a reasonable geographical location
noncompetition/nonsolicitation clauses
two types of property
personal and real
3 types of business structures
sole proprietorship, partnership, and corporations
3 types of intangibles
rights under a contract or debt instrument, goodwill, and ownership of trademark
5 tiers of the corporate structure
shareholders, board of directors, statutory officers, employees and creditors.
when two or more suppliers conspire to set prices
price fixing
notices of statutory provisions limiting liablity be posted where?
- in the office
- every guest room
- public rooms(area)
when a person, knowingly with intent to defraud, writes a cheque on a bank account with insufficient funds
uttering
accommodations that are not considered “inns”
a boarding house, a rooming house, homes for seniors, and time-share arrangements
5 reason for evicting a guest
- eviction at the end of stay
- nonpayment
- persons of ill-repute
- disorderly conduct
- disturbing the peace
- carrying a contagious disease
- breaking house rule
Independent contractors and employees
2 classes of servants
when 50 or more employees are laid of within 2 months
group termination
Minimum amount of hours needed to be eligible for EI benefits
420 to 700 hrs depending on the regional unemployment rate
Conditions for rightful dismissal
financial disloyalty, falsified qualifications, gross and continuing incompetence
job duties and standards, remuneration(salary, bonuses, perks, and benefits), duration of term of employment, and likelihood of changes to the position
the items that should be included in a job description
guilty act in latin
actu reus
A chattel mortgage on inventory, is a situation which the creditor can swoop down and immobilize the inventory still in stock upon default
floating charge
2 classes of servants
independent contractors and employees
the innkeeper becomes liable for the entire loss even if the innkeeper has not been negligent
absolute liability
