Employment Law Obligations and Rights Quiz

Shareholders are not personally responsible for corporate debts or obligations.

Limited liability can be lost if directors/officers give personal guarantees or courts intervene.

Corporations may offer tax benefits to shareholders allowing them to defer taxes through the corporation.

A corporation continues to exist even if a shareholder dies, enabling business continuity.

Corporate shares can usually be freely traded.

Shareholders generally have no legal duty to the company in most situations

Incorporating a company involves filing a memorandum of association and articles of association with the government.

Legal document outlining the company's name, share capital, and purpose.

Employers are legally required to pay wages, provide safe working conditions, and treat employees fairly.

Employees are expected to be competent, honest, punctual, and prioritize the employer's best interests.

Agreements limiting an employee's ability to work in a specific industry or location after leaving a job. These must be reasonable in terms of time and area.

Employment can be ended by giving reasonable notice, paying in lieu of notice, or immediately with just cause.

Minimum notice period determined by law, considering factors like length of service, job type, and employee's age.

Immediate termination without notice due to employee misconduct or failure to perform job duties.

Examples include absenteeism, disobedience, incompetence, harassment, drunkenness, and immoral conduct.

Can be verbal or written, with some implied terms. Must include all elements of a valid contract.

Directors must act as a reasonably prudent person would, upholding the company's interests.

Directors have a responsibility to act in the best interests of the corporation, not shareholders.

Directors can consider various factors when serving corporation's best interest: environment, long-term growth, various stakeholder needs.

A legal action shareholders can initiate on behalf of the company against directors to address corporate wrong.

Officers, like directors, have a duty of care, competence and fiduciary responsibility to the corporation.

Officers handle day-to-day corporate management, adhering to high standards of conduct and competence.

Promoters assisting the corporation with a public offering preparing prospectus under Securities Commission's approval hold a fiduciary duty to the corporation.

Directors can face personal legal accountability for actions, like unpaid wages, environmental damage, or breaching laws.

An employer can be held liable for the wrongful acts of their employees, even if they didn't directly cause the harm, if those acts occurred within the scope of employment.

Vicarious liability only applies when the employee's actions are closely and materially connected to the risks created or introduced by the employer.

Employers can protect themselves from vicarious liability through liability insurance and outsourcing.

Employers are responsible for misuse of computers by employees, even if the employer didn't directly cause the misuse.

Employers can generally monitor employees' online activities at work but need to inform employees of this.

Privacy laws like PIPEDA require employers to obtain consent before collecting, using, or disclosing personal employee information.

Laws setting minimum standards for wages, hours of work, vacation time, and other employment terms to protect workers.

Employment standards laws dictate the minimum notice period for termination, but longer 'reasonable notice' may be required.

Transfers of assets for minimal value within a year of bankruptcy that were made while insolvent or with intent to defraud creditors are prohibited.

Payments made to specific creditors shortly before bankruptcy, favoring them over other creditors, may be deemed voidable.

Bankrupts must disclose all asset transactions within the past year and any settlements from the last five years.

Bankrupts face limitations, including disclosing their status when borrowing over $1000, being prohibited from serving as directors, and restrictions on certain professions.

An individual bankrupt can receive a conditional or unconditional discharge. Conditional discharge may involve paying surplus income to the estate.

Some debts remain even after discharge, including student loans, apprentice loans, fines, alimony, and certain damages.

Corporations cannot be discharged from bankruptcy. They may use proposals or restructuring to potentially avoid bankruptcy.

Individuals and companies may use negotiations, proposals under the Bankruptcy and Insolvency Act (BIA), or specific provincial programs to avoid bankruptcy.

A court order that stops infringement of a copyright before a trial is held.

A court order that allows the seizure of materials from a manufacturer or distributor suspected of infringing copyright.

A court order that prohibits the production, sale, or distribution of a copyrighted product permanently.

Monetary compensation awarded to the copyright holder for losses suffered due to infringement.

Predetermined amounts of money awarded for copyright infringement, regardless of actual losses.

An organization established to handle disputes involving copyright, set tariffs, and review fees.

Exclusive right granted to an inventor to produce, sell, and profit from a specific invention.

An invention must be new, original, unique, useful, and clearly described to qualify for a patent.

Careless conduct that unintentionally causes harm to another person or their property.

A legal obligation to act reasonably and avoid causing harm to others.

Failing to meet the standard of care required in a specific situation.

The link between the defendant's actions and the plaintiff's injuries or damages.

The actual harm or loss suffered by the plaintiff as a result of the defendant's negligence.

A legal wrong that recognizes the harm caused by online harassment and bullying.

Damage or injury caused to someone through online harassment, bullying, or other malicious behavior.

A constitutional guarantee of basic rights and freedoms added to the Canadian Constitution in 1982, protecting individuals from government interference.

Allows the government to restrict rights and freedoms if it's 'justifiable in a free and democratic society'.

Allows Parliament or provincial legislatures to override certain Charter rights, but this power must be reviewed every five years.

Core rights protected by the Charter: freedom of conscience and religion, thought, belief, opinion and expression, and peaceful assembly and association.

Include the right to vote and to qualify to be elected, ensuring participation in the political process.

Guarantee Canadians the freedom to travel, live, and work anywhere in Canada, with some exceptions.

Protect individuals from unreasonable interference by the government, ensuring fair treatment and justice.

Prohibit discrimination in the application of the law and promote equal treatment for all Canadians.

Guarantee the equal status of French and English, ensuring access to government services and education in both languages.

A question of debate about whether rights and freedoms should be absolute or subject to limitations.

A false statement that harms a person's business, products, or property, resulting in financial loss.

To prove injurious falsehood, the plaintiff must show: 1. A false statement disparaging the plaintiff's business. 2. Publication to a third party. 3. Malicious intent without justification. 4. Special damages (financial loss).

Interfering with someone's contract by persuading them to break it, often for personal gain.

Using illegal tactics to damage a business's economic interests by targeting a third party.

Threatening violence or illegal actions to force someone to act in a way that harms them.

Deliberately causing emotional distress to another person, often linked to intimidation.

Intentionally misleading someone with false information to cause them harm.

Two or more people working together using unlawful means to harm a business.

Misrepresenting a product or service as being from a well-known company to benefit from their reputation.

Improper disclosure of information that was meant to be kept secret.

A party may be deemed insane if they lack understanding of the contract's nature, and the other party knew or should have known about it. This can allow for repudiation when sane.

Intoxication is treated similar to insanity, meaning a contract made while intoxicated can be repudiated if the other party knew or should have known of the intoxication.

Corporations have contracting powers, but their specific capacity may be limited in some jurisdictions. Parties are bound by these limitations only if they have notice of them.

Contracts with enemy aliens are void or suspended during wartime if they harm Canada. This is a security measure.

The capacity of First Nations individuals is restricted by the Indian Act. Their property rights and access to loans can be limited.

An offer can be withdrawn before acceptance if the revocation is communicated to the offeree.

A response to an offer that changes the original terms, effectively rejecting the original offer and creating a new one.

A separate contract that keeps an offer open for a specific time period, supported by additional consideration.

Sealed bids submitted for a project or contract cannot be revoked once submitted, creating a subsidiary contract.

An offer accepted through performing a specific action, which cannot be revoked once performance begins.

An offer with fixed terms presented to customers for acceptance, often containing one-sided terms favoring the business.

Terms in a contract that limit the liability of a business.

A common law requirement to act honestly in fulfilling contractual obligations and consider the other party's legitimate interests.

The offeree's unconditional intention to agree to the offer's terms.

Acceptance must be communicated to the offeror, usually through words or actions.

A legally binding agreement between two or more parties that creates mutual obligations.

For a contract to be valid, there must be agreement, consideration, capacity, legality, intention to be bound, and sometimes, a written form.

A legal concept where a contract for land may be enforced even without writing if significant action towards the contract has been taken.

A false statement of fact that induces someone to enter a contract, potentially making the contract voidable.

Misrepresentation can be innocent (unintentional), negligent (careless), or fraudulent (intentional).

Depending on the type, remedies can include rescission (undoing the contract) and various forms of damages.

Forcing someone to enter a contract through threats, violence, or coercion.

Taking advantage of someone's weakness or vulnerability to gain an unfair advantage in a contract.

A contract that is so unfair and one-sided that it shocks the conscience of the court, rendering it unenforceable.

A misunderstanding or error that may affect the validity of a contract.

Mistakes can be unilateral (one party is mistaken), mutual (both parties are mistaken), or common (parties share the same mistake).

A principle that only parties to a contract can sue or be sued under it.

Exceptions include third-party beneficiary contracts, assignment of contracts, and certain statutory exceptions.

A law requiring certain types of contracts to be in writing to be legally enforceable.

Certain situations like part performance of a land contract or promissory estoppel can allow enforcement of oral agreements.