1.Which of the following statements more accurately describes an employee, rather than an independent contractor?

• The worker is an essential part of an employer's organization.
• The worker provides her own tools.
• The worker determines her own work schedule.
• The worker might experience a financial loss by accepting the contract.

2.The Employment Standards Actdoes not require employers to pay employees during pregnancy leave.

• True
• False

3.Carlota works for Leo's Landscaping Ltd. Carlota's boss Leo asked her to remove a large tree from a client's yard on a Saturday morning. Carlota cut the tree in a careless way so that it fell on Augusto's house, causing $50,000 of damage. Leo's Landscaping Ltd. is not liable for Augusto's loss because the accident occurred on a weekend.

• True
• False

4.An employer may dismiss a regularemployeewithout noticeif:

• the employee commits a crime against the employer.
• the employee is incompetent in the performance of her/his duties.
• the employee refuses to obey the reasonable instructions of a supervisor.
• all of the above.

Q5

Neva tells Angie she owns an original oil painting worth $300,000. Neva offers to sell it to her for$250,000. Angie makes a counter-offer of$225,000, which Neva accepts. However, Neva secretly knows that the painting is just a copy of the original, worth only $15. This is an example of:

• Fraudulent misrepresentation
• Nondisclosure
• Negligent misrepresentation
• Innocent misrepresentation

6 Employees in a bargaining unit represented by a certified union cannot individually negotiate new contracts with their employer.

• True
• False

7A strike or lockout may lawfully occur during the administration stage of a collective agreement.

• True
• False

8After drinking wine together for several hours, Mullen offered to sell his sailboat to Flanagan, who was heavilyintoxicated. They shook hands, andFlanagan wrote out a personal cheque toMullen. Mullen gave Flanaganthe keys and documents of ownership for the boat. After Mullen took the Skytrainhome, Flanaganfell asleep for several hours. When Flanagan woke up, he did not remember buying the boat, and was shocked to findthe keys and documents on histable.Which of the following statements is false?

• If Flanagan unsuccessfully advertizesthe boat for sale on Craigslist, it should not affect his ability to cancel the contract later.
• Mullen should not have made a contract with someone who was obviously intoxicated.
• If Flanagan takes the boat on a three-week sailing trip, he cannot later cancel the contract on the basis that he lacked capacity at the time the agreement was made.
• Flanagan should be able to cancel the contract with Mullen if, once he becomes sober, he immediately telephones Mullen to cancel the contract.

9Why is the distinction between employeesand independent contractors important for employers?

• Employers are liable for torts committed by independent contractors, but not by employees.
• Independent contractors are entitled to longer notice periods than employees if dismissed without just cause.
• Employers are required to deduct income taxes and other statutory deductions from employees' paycheques, but are not required to do this for independent contractors.
• Employees have the right to be paid, but independent contractors do not

10Raj, who lives in Prince George, British Columbia, ordered a sweater from the website of a seller based in Washington State, USA. She put the item into her shopping cart, entered her shipping and credit card information, and then clicked "Place your order." Which of the following is true?

• A contract was formed at the moment that Raj put the item in her shopping cart.
• If the seller does not ship the item she ordered, she may sue the seller in the Small Claims Court of British Columbia.
• The contract Raj made will be governed by the laws of Washington State.
• All of the above.