Term
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Definition
Supreme/Constitution/Charter
Superior/Parliamentary
Common |
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Term
In Canada, only Federal statutes can overrule the Constitution but can overrule the Charter
TRUE or FALSE |
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Definition
FALSE.
The Charter is part of the Constitution, therefore also part of Canada's Supreme Law |
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Term
| What are the levels of the court system? |
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Definition
Supreme Court
Court of Appeal
Superior/Trial |
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Term
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Definition
Any decision made in a higher court is binding on a lower court in the same jurisdiction |
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Term
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Definition
Divides Federal and Provincial law
Was created in 1867
91 - Federal
92 - Provincial |
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Term
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Definition
Bankruptcy
Post Office
Criminal Law
Marriage and Divorce
Trade/Regulation
Money
Army
Navigation/Shipping
Lakes |
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Term
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Definition
Anything that only concerns the specific province
property rights
health and welfare
OHIP
Schools
Education
Creation of Cities
Road Construction |
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Term
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Definition
Protects you from discrimination on prohibited grounds
race
naturality
religion
ethnic origin
sex
disability
age |
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Term
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Definition
The system is structured in a way that, when looked at carefully, there is something obvious that is wrong with it.
ex. only Chinese workers being fired |
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Term
| Bonafide Occupational Requirement |
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Definition
A standard set in place that requires potential workers to fit a specific requirement
ex. must not be fat to be a trainer at Premiere Fitness |
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Term
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Definition
an employers duty to be reasonable with expectations of their employees.
ex. giving religious holidays off, allowing to wear religious head garments |
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Term
| Torts are part of what type of law? |
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Definition
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Term
| The type of Torts include (6) |
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Definition
False Imprisonment
Assault and Battery
Conversion
Trespassing
Malicious Prosecution
Defamation
Injurious Falsehood
Negligence
Occupiers Liability
Product Liability
Nuisance |
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Term
| False Imprisonment Ingredients |
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Definition
deprivation of liberty/ held unwillingly
without lawful authority/justification
Against the will of the person detained |
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Term
| Malicious Prosecution Ingredients |
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Definition
Criminal Charges Laid
Charges terminated in the person favor
No reasonable ground for charges
Presence of improper motive of the defendant (lie) |
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Term
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Definition
| Entry onto property without owners permission |
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Term
| Assault and Battery Ingredients |
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Definition
Threat of violence
Threat induces fear
Immediate possibility to carry out threat
Physical contact without permission (battery) |
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Term
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Definition
Unauthorized use of property of another
Irrelevant whether property was taken or given |
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Term
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Definition
Damaging another person by making an untrue statement
Must be published
Two forms: libel (written) & slander (spoken) |
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Term
| Defences to Defamation (4) |
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Definition
Innocent Dissemination (back up with research)
Absolute Privilege (said in court or politician)
Qualified Privilege (made a report you believed to be true
Fair Comment (comment of opinion) |
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Term
| Injurious Falsehood Ingredients |
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Definition
False Statement
Causes the public to think less of a company/product |
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Term
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Definition
Existence and breach of duty of care
Reasonable person test
Causation: caused someone to get hurt
Non-remote: foreseeable injury |
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Term
| Occupiers and Product Liability Ingredients |
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Definition
No dangers are present
Forseeability of harm
Invitees, children and trespassers all covered |
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Term
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Definition
| Decreases the enjoyment of another's land |
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Term
| What are the building blocks of a contract? |
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Definition
Offer
Acceptance
Consideration |
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Term
| What makes the ground work for a contract? |
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Definition
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Term
Legal Capacity
A contract cannot be made with....
(3)
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Definition
Children (unless life threatening)
Mentally Incompetent
Illegal business |
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Term
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Definition
| No word-of-mouth evidence allowed to contradict what is in writing |
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Term
| Misrepresentation in a contract (3 forms) |
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Definition
Lying or over exaggerating the truth in order to convince someone to sign a contract.
Negligent - accidentally
Fraudulent - purposefully
Innocent - the messenger |
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Term
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Definition
| Threatening someone into a contract |
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Term
| Undue Influence of contract |
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Definition
| influencing someone in an improper way |
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Term
| What are the components of the agency triangle? |
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Definition
Principle - boss
Agent - decision maker on principles behalf
Third Party - the other person in the contract |
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Term
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Definition
| You do not give permission to do something but approve what was done |
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Term
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Definition
| Giving someone the power to make medical decision on your behalf |
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Term
| Types of business organizations (4) |
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Definition
Sole Propriorship
Partnership
Limited Partnership
Corporation |
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Term
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Definition
Most risky, can take personal property from you
Least paperwork
One person
Only needs to be registered if not using your name |
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Term
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Definition
2 or more people are owners
Provide start up capital
make managerial decisions
Split profits and losses
Does not need to be registered |
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Term
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Definition
A limited partner is only responsible for what they have invested in the company. They are protencted in that way.
Cannot make managerial decisions. |
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Term
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Definition
Must be registered
Less risky, most protection
The company is its own person which means owners are protected from creditors and bankruptcy |
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Term
| An Independent Contract is Defined as: |
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Definition
Having control over job
Does not receive benefits
Does not use tools and services of the company
Does not have a significant impact on daily operations |
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Term
| An Employee is defined as: |
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Definition
Follows instructions
Receives benefits
Critical to daily operations (surgeon to hospital)
Uses the tools and services provided by the company |
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Term
| Constructive Dismissal of an Employee |
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Definition
Wrongful dismissal
Something nasty has been going on
Work environment is "poisoned"
Entitled to compensation for notice period |
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Term
| Employment Classification Tests (2) |
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Definition
Control
Degree of Integration |
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Term
| Dismissal of An Employee: |
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Definition
Must be justified - good reason
Unjustified - no good reason/wrongful
Constructive - chose to leave because environment was unbearable |
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Term
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Definition
| If you are injured on the job you have a right to get money for your injury |
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Term
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Definition
Lasts for life + 50years
written - performed - artistic
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Term
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Definition
things that are visual
distinguish one company from another
Can last forever if you continue to re-register
must be registered within 1 year of creation
10 years of protection
must have registration code on product to be valid |
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Term
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Definition
20 years protection (NO renewal)
must be novel
Must be useful
Must solve a problem |
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Term
| International Trade Affects Economic Growth By: |
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Definition
Strong trading agreements create economic growth
ex. labour is cheaper in China so it is more economical for us to manufacture there and import |
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Term
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Definition
by the World Trade Organization
GATT - general agreement on trade & tariffs
designed to prevent war and fighting
regulates importing and exporting
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Term
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Definition
General Agreement on Tariffs & Trade
Tariffs = border/import barries/tax
GATT designed to make countries lower tariffs
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Term
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Definition
when exported goods are below the average price
is unfair trade
investigation can happen to create anti-dumping duty |
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Term
FTA - Free Trade Agreements
by NAFTA |
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Definition
is an exception to MFN rule
creates discrimination of tariff tax for specific countries |
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Term
| MFN (Most Favoured Nation) |
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Definition
| all countries receive the same tariff tax |
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Term
| FDA - Foreign Distribution Agreement |
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Definition
Having an agent in the selected country that helps to penetrate the new market
this agent is still your competition so cannot let the market with an FDA
using agent companies services in the market |
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Term
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Definition
| Hiring your own people in another market |
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Term
| International Joint Ventures |
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Definition
| Collaborating with already established company to create a new one in the market |
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Term
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Definition
Like an invoice for international trade
Transporting company creates
Producer confirms
Sends original to buyer
Buyer needs original copy to confirm order |
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Term
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Definition
the product must be fit for consumption
right of ownership passes to buyer at distribution
only applies to goods |
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Term
| CPL - Consumer Protection Legislation |
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Definition
aims to protect YOU/ the individual
for personal use only
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Term
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Definition
if you have a defective product you must warn the public
business people should not mislead their consumers about quality, performance, special attributes
negotiation of unconscionable transaction |
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