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A) Haviar is in competition with Jay selling closets. Jay has a star sales representative, Phil, who has been working for Jay for several years.

A) Haviar is in competition with Jay selling closets. Jay has a star sales representative, Phil, who has been working for Jay for several years. Phil signed a non-competition agreement when he started working for Jay, promising that when his employment ends, Phil will not work for a competitor for one year. One day, Haviar approaches Phil and offers him a much higher salary than what Jay is paying if he comes to work for Haviar. He promises Phil job security and fantastic benefits. Under the circumstances, Jay may have an action against Haviar in:

  1. inducement to breach
  2. libel
  3. passing off
  4. slander

B) Decisions of the Supreme Court of Canada are final and cannot be appealed.

  1. True
  2. False

C) Sampson Hair Products company is sued by a user who contracted a painful rash from using its shampoo. If Sampson manufactured the product in the same way and to the same standard as a reasonable shampoo manufacturer, and the rash was simply the result of an unusual allergy, Sampson will not be held liable.

  1. True
  2. False

D) Passing off occurs when a business attempts to induce an employee who works for a competitor to quit their job with the competitor and come and work for their company.

  1. True
  2. False

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