Review for final Notes

Question 1

Format

Answer 1

10 short answer - 5 marks > 50 marks

4 problems - 50 marks

Question 2

from and inlcidung ch 13

Answer 2

G

Question 3

Breach of contrac

Answer 3

1. fundamental breach
> warrty and condiotns > remedies
2. Aticatory breach (repudiation)
> understand 
3. Exmaption clause (enforceable?)
4. principles of compensation
> not to punish, rare
5. differnt tyoes of damages (reliance)
6. liquidatoed damages v penatly
7. test: damages naturally flowing (consider remotness and mitigatin)
8. equitables remedies
> injuntction and specific performance

Question 4

Sale of goods

Answer 4

1. implied terms
   > what are they?
   > are they conditoin or warranty
2. 5 rules for passage of title

> > > the act only applies to goods in application.

Question 5

Employement

Answer 5

1. differnce b/w independent contractor and employee
2. termination without cause
   > notice perdiod or payment in liue
   > factors to determine reasonable notie (bardal)
3. just cuase > gorunds to fire
4. damages availabel based in notice
   > mitigation and remontness still apply
5. restrictive covenants
6. labour > collective bargaining

Question 6

Intellecutal propery

Answer 6

Trademarks and passing off (elemnts)
> copyrightd and rights (ie moral, produce, etc)
> patents ( how to establish? ie new, etc etc
> indistrial design

Know what they cover, rights that are obtained, definitions and damages

Question 7

Business organizations

Answer 7

know 3 kinds and associtaed liability

know partnership defintion and types of partnerships
> prepare to compare and contrast to a corporation

partners fiduciary duties

> corporation
differences
fiduciary dutues of directors/sherholders
sperate corporate existnace (rule of soloman)
peorcing the corporate veil
operation of corporations
share characteristics > be prepared to answer question regarding recommondations and conversions.

CREAC

Issue rule analysis conclusion