442 / PART 4 The Law of Business Relationships Case Review Questions decide to give notice of termination of a contract of CASE 1. How is an employment relationship established? indefinite hiring? What elements of the relationship distinguish it from 9. Why must an employee mitigate his or her loss when Creativ agency or partnership? wrongfully dismissed? 2. Explain the fourfold test for employment. Why did 10. Define a collective agreement. editor the courts find it necessary to establish this test? 3. Distinguish a "contract of service" from a "contract 11. What effect does collective bargaining have on the Igor er Common Law employment relationship? nality for services." the 'p 4. If an employee is wrongfully dismissed, explain how 12. Explain how a union acquires bargaining rights. him t a court would determine the money damages that 13. What is a bargaining unit? How is it determined? the re should be paid by the employer for the wrongful act. 5. Outline the general or implied duties of an employee 14. Outline the steps in the negotiation process and its purpose. under a contract of employment. strok 6. Why are employers, under certain circumstances, 15. Explain briefly the role of a union in collective vicariously liable for the torts of their employees? bargaining. Identify the circumstances under which vicarious liability would arise. 16. If a collective agreement is negotiated, what methods may be used to resolve disputes that arise out of the CA 7. Identify the conditions or circumstances under collective agreement? which an employer would be justified in terminating a contract of employment without notice. 17. Describe the legal obligations a union has towards its members. 8. What factors must be considered in determining reasonable notice, if an employee or employer should 18. How are disputes between the parties resolved during the negotiation process if third-party assistance fails