Question
In a questionablesituation, if a court has to decide whether someone is an employee or an independentcontractor, the factor a judge is likely to consider
In a questionablesituation, if a court has to decide whether someone is an employee or an independentcontractor, the factor a judge is likely to consider LEAST important is
1. | who supervises the work | |
2. | who owns the equipment the worker uses. | |
3. | the worker's overall role in the organization. | |
4. | how the parties defined the role in the original contract of engagement. | |
5. | who controls the hours and time of work. |
In the grand scheme of bankruptcy law, the effect of a proposal, if accepted, is that it allows the debtor to retain control of his property. This is done by
1. | a debtor personally making an offer to each and every one of his creditors, providing a proposal to repay some of his debts, or some part of his debts, over a period of time. Monies payable are paid directly to the creditor by the debtor. | |
2. | a debtor making an announcement to his creditors, advising no repayment of debts forthcoming. | |
3. | a debtor making an offer to his creditors, providing for the orderly repayment of debts, or some part of his debts, over a period of time. Monies payable under the proposal must be paid to the trustee for distribution to the creditors. | |
4. | a debtor sending a lengthy explanation and apology to each creditor asking for debt relief and whatever the creditors offer, if anything, incorporating into new terms of repayment to attempt to pay some of the debts off. If unable to, repeating the process so that creditors lower the amount once more. | |
5. | a debtor personally reassuring his creditors that he would do better in the future and asking his creditors for loan or debt forgiveness with no, or nominal, payments against debts owing. |
John Jones applied for a patent for his new invention in May 1992 and the patent was granted in 1994. The patent will expire in
1. | May 2007. | |
2. | May 2012. | |
3. | May 2015. | |
4. | May 2010. | |
5. | 50 years after John's death. |
Private sector privacy is a matter of both federal and provincial legislative jurisdiction. Federal jurisdiction stems from the general power over trade and commerce and the interprovincial and international nature of data flow, as well as major privacy concerns in key federally controlled industries such as banking and telecommunications. Provincial authority to regulate privacy falls in the property and civil rights power. Therefore some provinces have their own comprehensive private sector privacy legislation separate from federal legislation. PIPEDA is the comprehensive private sector federal legislation controlling the collection, use and disclosure of personal information during a commercial activity. PIPEDA stands for
1. | Personal Information Protection and Electronic Documents Act | |
2. | Public Information Protection and Electronic Documents Act | |
3. | Personal Information Production and Electronic Documents Act | |
4. | Protection of Information from Public and Electronic Disclosure Act | |
5. | Personal Information in Public and in E-Commerce Documents Act |
When is an employer liable for an employee's torts?
1. | An employer is generally vicariously liable for torts committed by an employee only if the tort is committed in the course of the employee's duties. | |
2. | An employer is generally only vicariously liable for torts committed by an employee if the employer directly ordered or instructed the employee to do the tortious thing. | |
3. | An employer is only liable for torts committed by managers and not by staff. There is a closer proximate relationship between an employer and manager than an employer and staff. | |
4. | An employer is never liable for an employee's torts. That is the employee's responsibility alone, always. | |
5. | An employer is vicariously liable for torts committed by an employee regardless of whether the tort was committed during business hours or not - the employee remains an employee at all times. |
Sadly, Jasper, who had a substantial life insurance policy that named his spouse Becky asbeneficiary, was killed in a car accident. AfterJasper's death, the insurance company tried to deny paying the insurance toBecky, claiming that Jasper had misled them at the time he applied for life insurance by failing to disclose apre-existing heart condition that only became evident when an autopsy was performed followingJasper's death. Becky knows that at the time Jasper applied for the insurance five yearsago, he would not have been aware that he had a heart condition. In thissituation, Becky
1. | cannot sue because the only person able to sue is the policy holder - the husband - and he is now deceased. | |
2. | will never win a lawsuit against a sophisticated business like an insurance company. | |
3. | will be able to sue the insurance company because provincial insurance statutes recognize the equitable interests of beneficiaries like Becky and grant them the right to sue. | |
4. | will be considered a party to the contract because spouses always have the exact contractual rights and obligations as each other. | |
5. | will not have any legal status to sue the insurance company because of privity of contract. |
Public international law is
1. | law involving the relations between the citizens of different countries as it concerns their public activities. | |
2. | law involving the relations between citizens of different countries as it concerns their private activities. | |
3. | law involving the relations between public officials of different countries. | |
4. | law involving the relations between public entities from different countries. | |
5. | law involving the relationships between states. |
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