Podcast
Questions and Answers
What does the 'right to exclude' allow a property owner to do?
What does the 'right to exclude' allow a property owner to do?
- Sell property only to certain individuals
- Share possession of the property with others
- Transfer property without restrictions
- Prevent others from accessing or interfering with their property (correct)
What is a fundamental characteristic of real property?
What is a fundamental characteristic of real property?
- It is movable and can be relocated easily
- It is defined solely by the owner's wishes
- It includes land and buildings that are fixed and immovable (correct)
- It consists of temporary structures
Which statement best explains the 'bundle of rights' associated with property?
Which statement best explains the 'bundle of rights' associated with property?
- It refers to a single right that defines property ownership
- It is an exclusive right that only property owners possess
- It includes various rights such as exclusion, possession, and transfer (correct)
- It denotes rights that can never be limited by laws
In property law, which of the following scenarios exemplifies the concept of leasing?
In property law, which of the following scenarios exemplifies the concept of leasing?
What does the right to transfer or dispose of property entail?
What does the right to transfer or dispose of property entail?
What role do neighbors have regarding property rights?
What role do neighbors have regarding property rights?
Which of the following best describes a fixture in property law?
Which of the following best describes a fixture in property law?
How do legal relationships define the rights associated with property ownership?
How do legal relationships define the rights associated with property ownership?
What happens to the interest of a deceased joint tenant in a joint tenancy?
What happens to the interest of a deceased joint tenant in a joint tenancy?
Which ownership arrangement allows for unequal interests among co-owners?
Which ownership arrangement allows for unequal interests among co-owners?
What is the primary difference in ownership between personal property and real property?
What is the primary difference in ownership between personal property and real property?
Under which condition would 'finders keepers' NOT apply?
Under which condition would 'finders keepers' NOT apply?
What defines a cooperative housing arrangement?
What defines a cooperative housing arrangement?
In a bailment situation, who retains ownership of the property?
In a bailment situation, who retains ownership of the property?
Which of the following best describes a condominium?
Which of the following best describes a condominium?
If a person finds a tangible item on private property, what is their claim compared to the property owner?
If a person finds a tangible item on private property, what is their claim compared to the property owner?
Which statement is true regarding joint tenancy?
Which statement is true regarding joint tenancy?
What action does a bank take when a mortgage is given?
What action does a bank take when a mortgage is given?
What determines if something has become part of real property?
What determines if something has become part of real property?
Which of the following is a characteristic of personal property?
Which of the following is a characteristic of personal property?
In a dispute about property claims, which of the following is NOT relevant?
In a dispute about property claims, which of the following is NOT relevant?
What type of estate grants the right to possession during a person’s lifetime, transferring to another after death?
What type of estate grants the right to possession during a person’s lifetime, transferring to another after death?
Which of the following describes the nature of a leasehold estate?
Which of the following describes the nature of a leasehold estate?
What is a primary characteristic of a restrictive covenant?
What is a primary characteristic of a restrictive covenant?
What is an easement?
What is an easement?
What is the outcome when someone holds a mortgage on a property?
What is the outcome when someone holds a mortgage on a property?
Which of the following describes a right of way in property law?
Which of the following describes a right of way in property law?
How are property rights generally characterized?
How are property rights generally characterized?
What is the difference between personal property and real property?
What is the difference between personal property and real property?
Which of the following best describes a life estate?
Which of the following best describes a life estate?
Which of the following can be asserted against others, despite not conferring possession of land?
Which of the following can be asserted against others, despite not conferring possession of land?
What is the maximum duration for industrial design protection before it must be renewed?
What is the maximum duration for industrial design protection before it must be renewed?
Which statement best describes how confidential information is protected?
Which statement best describes how confidential information is protected?
What is a characteristic feature of proprietary software?
What is a characteristic feature of proprietary software?
What is typically included in a non-disclosure agreement (NDA)?
What is typically included in a non-disclosure agreement (NDA)?
What constitutes the core of an employment relationship?
What constitutes the core of an employment relationship?
In what way can courts refuse to intervene in employment disputes?
In what way can courts refuse to intervene in employment disputes?
What is a significant issue faced in employment law?
What is a significant issue faced in employment law?
Which of the following arguments is used against information freedom?
Which of the following arguments is used against information freedom?
Which of the following best describes open source software?
Which of the following best describes open source software?
What does the term 'freedom of contract' imply in employment relationships?
What does the term 'freedom of contract' imply in employment relationships?
What is a requirement for a trademark to be registered?
What is a requirement for a trademark to be registered?
What is the effect of registering a trademark after 5 years?
What is the effect of registering a trademark after 5 years?
What does trademark dilution involve?
What does trademark dilution involve?
Which of the following statements is true regarding unregistered trademarks?
Which of the following statements is true regarding unregistered trademarks?
Which remedy is considered the most valuable in trademark infringement cases?
Which remedy is considered the most valuable in trademark infringement cases?
What does 'passing off' refer to in trademark law?
What does 'passing off' refer to in trademark law?
If a trademark is descriptive of its character or quality, what happens?
If a trademark is descriptive of its character or quality, what happens?
What happens upon delivering up in trademark infringement cases?
What happens upon delivering up in trademark infringement cases?
What is a key factor employers must consider when determining reasonable notice for termination?
What is a key factor employers must consider when determining reasonable notice for termination?
Which of the following is NOT a reason a trademark may be refused for registration?
Which of the following is NOT a reason a trademark may be refused for registration?
Which of the following is included in the minimum standards set by the Employment Standards Act?
Which of the following is included in the minimum standards set by the Employment Standards Act?
Under the Ontario Human Rights Code, which of the following constitutes a disability that requires employer accommodation?
Under the Ontario Human Rights Code, which of the following constitutes a disability that requires employer accommodation?
How long is the initial protection period for a registered trademark in Canada?
How long is the initial protection period for a registered trademark in Canada?
What is generally considered illegal regarding drug testing in the workplace?
What is generally considered illegal regarding drug testing in the workplace?
What must be in place for an employer to legally conduct layoffs?
What must be in place for an employer to legally conduct layoffs?
How are most disputes in the collective bargaining process resolved in Ontario?
How are most disputes in the collective bargaining process resolved in Ontario?
What does the Employment Insurance program provide for employees?
What does the Employment Insurance program provide for employees?
What is the primary role of a union once it is certified as the bargaining agent for employees?
What is the primary role of a union once it is certified as the bargaining agent for employees?
What are the criteria required for a work to be protected by copyright?
What are the criteria required for a work to be protected by copyright?
What must employers do if they wish to dismiss an employee with a drug dependency?
What must employers do if they wish to dismiss an employee with a drug dependency?
How long does copyright protection last for a work created by an individual?
How long does copyright protection last for a work created by an individual?
What does the moral right of attribution allow an artist to do?
What does the moral right of attribution allow an artist to do?
Which of the following is NOT a focus area of human rights legislation?
Which of the following is NOT a focus area of human rights legislation?
Which of the following describes the concept of reasonable notice in employment termination?
Which of the following describes the concept of reasonable notice in employment termination?
In what context does fair dealing permit the use of copyrighted material?
In what context does fair dealing permit the use of copyrighted material?
What essential right does collective bargaining provide to employees?
What essential right does collective bargaining provide to employees?
Which of the following is NOT a requirement for registering a copyright?
Which of the following is NOT a requirement for registering a copyright?
What is the maximum leave duration for vacations as stipulated in the Employment Standards Act?
What is the maximum leave duration for vacations as stipulated in the Employment Standards Act?
What is the maximum duration for patent protection?
What is the maximum duration for patent protection?
If a musician performs a song by an artist who has been deceased for over 70 years, what can the musician legally do with the composition?
If a musician performs a song by an artist who has been deceased for over 70 years, what can the musician legally do with the composition?
What action must an owner take to avoid infringing on moral rights of the artist when modifying their work?
What action must an owner take to avoid infringing on moral rights of the artist when modifying their work?
Which of the following statements about patents is true?
Which of the following statements about patents is true?
Which statement best describes copyright and its coverage?
Which statement best describes copyright and its coverage?
What can copyright owners do with their works?
What can copyright owners do with their works?
What influences the standard of care a bailee must uphold?
What influences the standard of care a bailee must uphold?
Which of the following is an example of an exemption under fair dealing?
Which of the following is an example of an exemption under fair dealing?
In a bailment that is gratuitous and primarily benefits the bailor, what level of care is expected from the bailee?
In a bailment that is gratuitous and primarily benefits the bailor, what level of care is expected from the bailee?
How does a specific contract between bailor and bailee impact the standard of care?
How does a specific contract between bailor and bailee impact the standard of care?
What is a significant difference between copyright and patent protection?
What is a significant difference between copyright and patent protection?
What is the main responsibility of a carrier in a bailment?
What is the main responsibility of a carrier in a bailment?
What is a key difference between the responsibilities of carriers and innkeepers?
What is a key difference between the responsibilities of carriers and innkeepers?
What is the maximum severance pay an employee can receive under ESA after 12 years of employment, given no other conditions?
What is the maximum severance pay an employee can receive under ESA after 12 years of employment, given no other conditions?
What does intellectual property protect?
What does intellectual property protect?
In the case of wrongful dismissal, what must an employee do to mitigate damages?
In the case of wrongful dismissal, what must an employee do to mitigate damages?
Which factor does NOT contribute to reasonable notice of termination calculations?
Which factor does NOT contribute to reasonable notice of termination calculations?
Which of the following can be patented?
Which of the following can be patented?
What distinguishes a trademark?
What distinguishes a trademark?
What is the term for when an employer fundamentally changes the nature of an employee's job without consent?
What is the term for when an employer fundamentally changes the nature of an employee's job without consent?
Why is the concept of famous trademarks different between the US and Canada?
Why is the concept of famous trademarks different between the US and Canada?
What type of damages were awarded to Mr. Keys in the case against Honda for wrongful dismissal?
What type of damages were awarded to Mr. Keys in the case against Honda for wrongful dismissal?
What aspect of trademark does the case of Mattel and Barbie highlight?
What aspect of trademark does the case of Mattel and Barbie highlight?
How many weeks of notice is typically estimated per year of employment for reasonable notice?
How many weeks of notice is typically estimated per year of employment for reasonable notice?
Which of the following is NOT a type of intellectual property?
Which of the following is NOT a type of intellectual property?
Which of the following statements about severance is correct?
Which of the following statements about severance is correct?
What is a characteristic of a warehouser's responsibility?
What is a characteristic of a warehouser's responsibility?
What happens if an employee is terminated in a humiliating manner according to the Wallace case precedent?
What happens if an employee is terminated in a humiliating manner according to the Wallace case precedent?
What is required for an invention to be considered 'useful' under patent law?
What is required for an invention to be considered 'useful' under patent law?
What is the combined result if an employee entitled to 52 weeks of notice is only given 8 weeks?
What is the combined result if an employee entitled to 52 weeks of notice is only given 8 weeks?
What happens when an invention is disclosed to the public more than one year before a patent application is filed?
What happens when an invention is disclosed to the public more than one year before a patent application is filed?
What is true about the rights under intellectual property law in Canada?
What is true about the rights under intellectual property law in Canada?
What must an employer do in order to navigate termination law adequately?
What must an employer do in order to navigate termination law adequately?
What must a repairer consider when charging for their services?
What must a repairer consider when charging for their services?
Which of the following types of inventions can be patented?
Which of the following types of inventions can be patented?
If an employer does not comply with notice or severance requirements, what can the employee do?
If an employer does not comply with notice or severance requirements, what can the employee do?
What is the criteria for an invention to qualify as 'not obvious'?
What is the criteria for an invention to qualify as 'not obvious'?
What defines reasonable notice in the context of termination?
What defines reasonable notice in the context of termination?
Which statement is correct regarding industrial designs?
Which statement is correct regarding industrial designs?
Which statement about remedies for patent infringement is true?
Which statement about remedies for patent infringement is true?
Which of the following conditions is necessary for an employee to be entitled to severance pay under ESA?
Which of the following conditions is necessary for an employee to be entitled to severance pay under ESA?
What is the significance of the 'first to file' system in patent law?
What is the significance of the 'first to file' system in patent law?
Why is patent work considered expensive and specialized?
Why is patent work considered expensive and specialized?
What must an applicant provide when applying for a patent?
What must an applicant provide when applying for a patent?
Which of the following describes the relationship between patents and copyrights?
Which of the following describes the relationship between patents and copyrights?
What was the controversial aspect of the BRACAnalysis invention?
What was the controversial aspect of the BRACAnalysis invention?
Which aspect is unique about inventions that can be patented compared to those that can be copyrighted?
Which aspect is unique about inventions that can be patented compared to those that can be copyrighted?
In Canada, which statement about business methods in patent law is true?
In Canada, which statement about business methods in patent law is true?
What is a key purpose of the Consumer Protection Act?
What is a key purpose of the Consumer Protection Act?
Which scenario qualifies as a consumer transaction under the Consumer Protection Act?
Which scenario qualifies as a consumer transaction under the Consumer Protection Act?
What is a consequence of the Consumer Protection Act on the right to sue?
What is a consequence of the Consumer Protection Act on the right to sue?
Why might some argue against additional consumer protections?
Why might some argue against additional consumer protections?
Which statement about the Sale of Goods Act (SGA) is correct in relation to the Consumer Protection Act?
Which statement about the Sale of Goods Act (SGA) is correct in relation to the Consumer Protection Act?
How does the Consumer Protection Act aim to protect consumers?
How does the Consumer Protection Act aim to protect consumers?
What is a criticism regarding government intervention in consumer protection?
What is a criticism regarding government intervention in consumer protection?
What defines a consumer under the Consumer Protection Act?
What defines a consumer under the Consumer Protection Act?
What is a significant consequence of establishing an employment relationship?
What is a significant consequence of establishing an employment relationship?
Which test is considered the most important in determining the nature of a work relationship?
Which test is considered the most important in determining the nature of a work relationship?
What is one of the most critical indicators of an employee relationship according to the Organization Test?
What is one of the most critical indicators of an employee relationship according to the Organization Test?
What is the primary responsibility of an employer under vicarious liability?
What is the primary responsibility of an employer under vicarious liability?
What obligation does an employer have towards an employee?
What obligation does an employer have towards an employee?
In which scenario would a worker most likely be classified as an independent contractor?
In which scenario would a worker most likely be classified as an independent contractor?
Which of the following is an example of systemic discrimination?
Which of the following is an example of systemic discrimination?
Which factor does NOT significantly influence the determination of an employment relationship?
Which factor does NOT significantly influence the determination of an employment relationship?
What is a bona fide occupational requirement (BFOR)?
What is a bona fide occupational requirement (BFOR)?
Which of the following statements about employment contracts is true?
Which of the following statements about employment contracts is true?
What is a dependent contractor?
What is a dependent contractor?
Which of the following is an obligation of an employee?
Which of the following is an obligation of an employee?
Under what condition can an employee be terminated with cause?
Under what condition can an employee be terminated with cause?
What is required for an employee to receive termination without cause?
What is required for an employee to receive termination without cause?
Why is it important to distinguish between employment and independent contracting?
Why is it important to distinguish between employment and independent contracting?
What document ensures the implementation and enforcement of human rights in employment?
What document ensures the implementation and enforcement of human rights in employment?
Which characteristic typically suggests a worker is an independent contractor?
Which characteristic typically suggests a worker is an independent contractor?
What does the duty to accommodate entail for employers?
What does the duty to accommodate entail for employers?
What condition makes a contract enforceable in the context of labor laws?
What condition makes a contract enforceable in the context of labor laws?
Which of the following is NOT a consequence of mass production and industrialization?
Which of the following is NOT a consequence of mass production and industrialization?
Which of the following is an adverse effect of discrimination?
Which of the following is an adverse effect of discrimination?
Which is the maximum notice period required under the Employment Standards Act (ESA) for an employee with 12 years of service?
Which is the maximum notice period required under the Employment Standards Act (ESA) for an employee with 12 years of service?
Which statement correctly identifies the difference between an employment and independent contracting relationship?
Which statement correctly identifies the difference between an employment and independent contracting relationship?
What role did women's involvement in politics play in labor law changes?
What role did women's involvement in politics play in labor law changes?
What process should employers follow when terminating an employee without cause?
What process should employers follow when terminating an employee without cause?
What is a crucial criterion for reasonable notice in termination without cause?
What is a crucial criterion for reasonable notice in termination without cause?
What must employers prove to justify terminating an employee for cause?
What must employers prove to justify terminating an employee for cause?
Which of the following best defines discrimination?
Which of the following best defines discrimination?
What is the primary test for determining whether a transaction qualifies as a consumer transaction?
What is the primary test for determining whether a transaction qualifies as a consumer transaction?
In a breach of warranty, what remedy can the innocent party seek?
In a breach of warranty, what remedy can the innocent party seek?
Under the Sale of Goods Act, which of the following must be met for goods to be considered of merchantable quality?
Under the Sale of Goods Act, which of the following must be met for goods to be considered of merchantable quality?
Which condition must be fulfilled to ensure the seller has the right to sell the goods?
Which condition must be fulfilled to ensure the seller has the right to sell the goods?
Which of the following statements is true regarding the Sale of Goods Act's implied terms?
Which of the following statements is true regarding the Sale of Goods Act's implied terms?
When does title to goods typically pass from seller to buyer according to the Sale of Goods Act?
When does title to goods typically pass from seller to buyer according to the Sale of Goods Act?
Which of the following best describes a breach of condition in a contract?
Which of the following best describes a breach of condition in a contract?
What is meant by 'merchantable quality' in the context of the Sale of Goods Act?
What is meant by 'merchantable quality' in the context of the Sale of Goods Act?
Which of the following is an example of a breach of warranty?
Which of the following is an example of a breach of warranty?
In which scenario can the Sale of Goods Act allow modification of terms?
In which scenario can the Sale of Goods Act allow modification of terms?
What must a seller disclose to avoid breaching implied warranties?
What must a seller disclose to avoid breaching implied warranties?
What does a buyer have the right to do if there is a breach of condition?
What does a buyer have the right to do if there is a breach of condition?
If a buyer informs the seller of a specific intended purpose for a good, what responsibility does the seller have?
If a buyer informs the seller of a specific intended purpose for a good, what responsibility does the seller have?
What happens if both parties to a business transaction do not agree to exclude the Sale of Goods Act?
What happens if both parties to a business transaction do not agree to exclude the Sale of Goods Act?
What is the primary role of a union after being certified as a bargaining agent?
What is the primary role of a union after being certified as a bargaining agent?
What must occur before workers can go on strike according to the outlined processes?
What must occur before workers can go on strike according to the outlined processes?
Which of the following is NOT a characteristic of a Collective Bargaining Agreement (CBA)?
Which of the following is NOT a characteristic of a Collective Bargaining Agreement (CBA)?
What is the primary intent of consumer protection laws in commerce?
What is the primary intent of consumer protection laws in commerce?
What does the Sale of Goods Act establish in the context of commercial transactions?
What does the Sale of Goods Act establish in the context of commercial transactions?
Under which condition does the Sale of Goods Act apply?
Under which condition does the Sale of Goods Act apply?
What fundamental principle did the original common law regarding sales transactions operate on?
What fundamental principle did the original common law regarding sales transactions operate on?
What happens if mediation during bargaining fails?
What happens if mediation during bargaining fails?
Which of the following best describes a 'wildcat strike'?
Which of the following best describes a 'wildcat strike'?
In the context of the Sale of Goods, how are disputes usually resolved?
In the context of the Sale of Goods, how are disputes usually resolved?
Why has the Sale of Goods Act remained largely unchanged?
Why has the Sale of Goods Act remained largely unchanged?
Which of the following is a common misconception about unions?
Which of the following is a common misconception about unions?
What is required for a contract to fall under the Sale of Goods Act?
What is required for a contract to fall under the Sale of Goods Act?
Flashcards
Property Rights
Property Rights
Legal rights associated with ownership of something, allowing you to control who can use and access it.
Right to Exclude
Right to Exclude
The right to prevent others from interfering with or using your property.
Right to Possess and Use
Right to Possess and Use
The right to occupy and use your property for your own purposes.
Right to Transfer/Dispose
Right to Transfer/Dispose
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Property is a Relationship
Property is a Relationship
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Real Property
Real Property
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Fixture
Fixture
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Lease
Lease
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Degree of Permanence
Degree of Permanence
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Damage Upon Removal
Damage Upon Removal
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Personal Property
Personal Property
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Tangible Personal Property
Tangible Personal Property
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Intangible Personal Property
Intangible Personal Property
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Property Rights: Relative vs. Absolute
Property Rights: Relative vs. Absolute
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Finder's Rights
Finder's Rights
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Fee Simple
Fee Simple
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Life Estate
Life Estate
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Remainder Interest
Remainder Interest
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Leasehold Estate
Leasehold Estate
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Easement
Easement
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Right of Way
Right of Way
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Restrictive Covenant
Restrictive Covenant
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Mortgage
Mortgage
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Joint Tenancy
Joint Tenancy
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Tenancy in Common
Tenancy in Common
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Condominium
Condominium
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Cooperative
Cooperative
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Finders Keepers
Finders Keepers
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Bailer & Bailee
Bailer & Bailee
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Trademark
Trademark
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Trade Name
Trade Name
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Distinctiveness of a Trademark
Distinctiveness of a Trademark
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Unregistered Trademark
Unregistered Trademark
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Registered Trademark
Registered Trademark
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Trademark Infringement
Trademark Infringement
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Passing Off
Passing Off
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Trademark Dilution
Trademark Dilution
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Injunction (Trademark Infringement)
Injunction (Trademark Infringement)
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Accounting of Profits (Trademark Infringement)
Accounting of Profits (Trademark Infringement)
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Trademark Protection for Design
Trademark Protection for Design
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Trademark Registration
Trademark Registration
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Confidentiality Agreements
Confidentiality Agreements
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Proprietary Software
Proprietary Software
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Open Source Software
Open Source Software
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Freedom of Information Arguments
Freedom of Information Arguments
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Employment Relationship
Employment Relationship
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Employment Law Goals
Employment Law Goals
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Historical Context of Employment Law
Historical Context of Employment Law
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What is Copyright?
What is Copyright?
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What is needed for Copyright protection?
What is needed for Copyright protection?
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What is the duration of Copyright?
What is the duration of Copyright?
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What are Moral Rights?
What are Moral Rights?
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What are some examples of Moral Rights?
What are some examples of Moral Rights?
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What is Fair Dealing?
What is Fair Dealing?
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What are the requirements for Fair Dealing?
What are the requirements for Fair Dealing?
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What is a Patent?
What is a Patent?
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What is the difference between an idea and an invention?
What is the difference between an idea and an invention?
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What is the purpose of a Patent?
What is the purpose of a Patent?
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What is the duration of a Patent?
What is the duration of a Patent?
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What is the nature of a Patent?
What is the nature of a Patent?
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How are Patents similar to Copyright?
How are Patents similar to Copyright?
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How are Patents different from Copyright?
How are Patents different from Copyright?
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Vicarious Liability
Vicarious Liability
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Prohibited Grounds of Discrimination
Prohibited Grounds of Discrimination
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Adverse Effects Discrimination
Adverse Effects Discrimination
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Bona Fide Occupational Requirement (BFOR)
Bona Fide Occupational Requirement (BFOR)
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Duty to Accommodate
Duty to Accommodate
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Undue Hardship
Undue Hardship
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Employment Equity Legislation
Employment Equity Legislation
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Fixed-Term Contract
Fixed-Term Contract
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Indefinite-Term Contract
Indefinite-Term Contract
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Express Terms
Express Terms
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Implied Terms
Implied Terms
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Termination of Employment With Cause
Termination of Employment With Cause
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Just Cause
Just Cause
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Termination of Employment Without Cause
Termination of Employment Without Cause
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Reasonable Notice
Reasonable Notice
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What is an employment relationship?
What is an employment relationship?
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What is an independent contractor?
What is an independent contractor?
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What is a dependent contractor?
What is a dependent contractor?
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Why is it important to distinguish between employment and independent contractor?
Why is it important to distinguish between employment and independent contractor?
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What is the 'Control Test'?
What is the 'Control Test'?
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What is the 'Organization Test'?
What is the 'Organization Test'?
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What are some other factors considered in determining employment vs. independent contractor?
What are some other factors considered in determining employment vs. independent contractor?
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What are the obligations of employers?
What are the obligations of employers?
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What are the obligations of employees?
What are the obligations of employees?
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What is vicarious liability?
What is vicarious liability?
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How does legislation and case law modify employment contracts?
How does legislation and case law modify employment contracts?
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How can we determine if someone is an employee or an independent contractor?
How can we determine if someone is an employee or an independent contractor?
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What is the difference between employment and other contractual relationships?
What is the difference between employment and other contractual relationships?
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Why is it important to understand the legal framework surrounding employment relationships?
Why is it important to understand the legal framework surrounding employment relationships?
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What are some examples of employee legislation that employers must comply with?
What are some examples of employee legislation that employers must comply with?
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Implied Term of Contract
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Study Notes
Exam Information
- 70 questions
- 2 ½ hours
- 50 questions on new chapters
- Watch Zoom Q&A sessions
Chapter 9: Property
Lesson 1: Real Property
- Property rights are relationships between people regarding things, not the things themselves.
- Property rights are relative, not absolute.
- Real property includes land, buildings, minerals, and attachments.
- Fixtures are goods attached to real property, becoming part of it.
- Determining if something is a fixture depends on permanence and removal damage.
- Possessory interests in land include fee simple (best claim), life estate (possession during lifetime), leasehold estate (temporary possession).
- Non-possessory interests include easements (right to use), rights of way (right to access), licenses (contractual right to profit), and restrictive covenants (negative obligations binding future owners).
- Mortgages are property rights (not possessory) allowing creditors to take possession if default occurs.
- Joint tenancy (equal ownership with right of survivorship) and tenancy in common (unequal ownership without right of survivorship) are ways to co-own property.
- Condominiums combine fee simple ownership of units with co-ownership of common areas.
- Cooperatives involve shared ownership and costs of maintaining the housing development.
Lesson 2: Personal Property
- Personal property is anything not real property, tangible (e.g., cars) and intangible (e.g., intellectual property).
- Finders keepers applies to personal property found in publicly accessible areas; property owners have better claims if found on their private property.
- Bailment is temporary possession of property, not ownership.
- Bailees (possessors) owe a duty of reasonable care to bailors (owners).
- The standard of care depends on the value, nature, bailor instructions, and circumstances.
- Certain specialized bailments (transportation, storage, repairs, lodging) have statutory regulations dictating care standards.
Lesson 3: Intellectual Property
- Intellectual property protects creations of the mind, not ideas.
- Trademarks protect words, logos, designs, and symbols that distinguish goods/services.
- Trademarks aren't abstract, each exist in connection with specific goods/services.
- Trade names are names under which businesses operate.
- Trademarks require registration, which provides Canada-wide protection.
- Unregistered trademarks arise from use.
- Trademark infringement involves passing off (misrepresenting) and dilution (devaluing a mark).
- Copyright protects original literary, artistic, musical, and dramatic works.
- Criteria for copyright includes originality, fixation, and connection to Canada.
- Copyright lasts for the author's life plus 70 years.
- Moral rights are author/artist rights to attribution and integrity, which cannot be transferred.
- Patents protect inventions, not ideas.
- Patents must be new, useful, and non-obvious.
- Patents are national and require application. Renewal is possible.
- Industrial designs protect visual appearances of products (original and novel), and are registered, not automatic.
- Customer lists, technology, and confidential information aren't automatically intellectual property. They're often protected through contracts.
Chapter 10: Employment Law
Lesson 1: The Employment Relationship
- An employment relationship is a contractual relationship.
- Employment contracts are different from other contracts.
- Independent contractors vs employees (Control, Organization Tests)
- Employer obligations include paying wages, following employment law, maintaining safe conditions.
- Employee obligations include competent work, respect, and sometimes fiduciary duty.
Lesson 2: Termination of Employment
- Employment can end with or without cause.
- Termination with "cause" (serious misconduct) allows immediate dismissal.
- Termination without "cause" requires reasonable notice under the Employment Standards Act (ESA) and common law.
- ESA notice is per year of employment; common law notice is reasonable based on factors like age, seniority, skill, and alternative job availability.
- Wrongful dismissal occurs when notice/severance aren't provided, in bad faith, or due to discrimination.
- Constructive dismissal is when an employer fundamentally alters the job without consent leading to resignation.
- Damages for wrongful/constructive dismissal involve calculating reasonable notice and salary/benefits lost.
Lesson 3: Other Employment Laws
- Employment Standards Act (ESA) mandates minimum standards (minimum wage, hours, vacation, maternity leave).
- Human rights legislation protects against discrimination.
- Occupational health and safety and other relevant legislation may affect workplace operations.
Lesson 4: Collective Bargaining
- Unions act as collective bargaining agents for employees.
- Collective Bargaining Agreements (CBAs) establish terms and conditions of employment.
- Strikes/lockouts are part of the bargaining process, but must be lawful.
Chapter 11: Sale of Goods and Consumer Protection
Lesson 1: Sale of Goods
- Sale of goods is essential to the economy and governed by legislation.
- Original common law favored sellers (caveat emptor).
- Sale of goods acts provide implied conditions (title, description, sample) and implied warranties (free from encumbrances, delivery). The Sale of Goods Act determines when title transfers.
Lesson 2: Consumer Protection
- Protects consumers in sales transactions, modifies freedom to contract principles.
- Consumer transactions are for personal use; Businesses are usually exempt from this protection.
- Protects consumers in consumer transactions, making the Sale of Goods Act mandatory. This means the Sale of Good Act cannot be excluded in consumer transactions. This is done by the Consumer Protection Act.
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Test your understanding of key concepts in property law, including the rights of property owners, the bundle of rights, and legal relationships associated with property ownership. This quiz will cover important scenarios such as leasing and the implications of joint tenancy.
