QUESTION 24

1. Which of the following statements is correct about mediation:

A mediator is a third party neutral who assists parties in attempting to reach a settlement;

In certain circumstances, mediation is mandated by the courts;

Mediators have no authority to impose binding decisions;

Mediation has proven to be generally effective in achieving settlements;

All of the above

1 points

QUESTION 25

1. Ryan Smith applied for a job as a data entry clerk with the Clinton Foundation. The job advertisement stated the minimum requirements as being a bachelor's degree in any a numerate discipline. Ryan, who only possessed a High School Diploma, lied on his resume by stating that he had received a Bachelor's Degree in Accounting from the University of Toronto. Ryan was successful in getting the job and performed excellently in his post, surpassing all expectations of him. Two years after he was hired, his supervisor discovered that Ryan had lied about his qualifications and he was immediately fired. Ryan wishes to take legal action against his employer for wrongful termination. Which of the following istrue:

Ryan will likely be successful in recovering damages for wrongful termination of his employment as he was an excellent employee irrespective of his true educational qualifications;

The employer was justified in terminating Ryan's employment as Ryan had made a material misrepresentation;

Ryan's dismissal was not wrongful as he lied and any lie told by an employee to his employer is always grounds for immediate termination;

Ryan did not make a material misrepresentation as his job performance illustrated clearly that a Bachelor's degree was not a true prerequisite of the post;

Ryan's employer can no longer rely on his having lied about his qualifications as grounds for his dismissal as too much time has passed.

1 points

QUESTION 26

1. Which of the following is NOT a relevant consideration in determining whether a person performing services for another in an employment relationship is an employee or an independentcontractor:

Whether the individual has the potential to make a profit or a loss from the employment relationship

The extent to which the individual is controlled by the employer in the performance of the agreed duties

The amount of money being paid for the performance of the task.

The extent to which the person is integrated into the employer's business

All of the above are relevant considerations

1 points

QUESTION 27

1. A document containing the terms of employment and the rights and duties of the employer, the trade union, and the employees is known as

a contract of employment.

a collective agreement.

theLabour Relations Act.

theEmployment Standards Act.

a release.

1 points

QUESTION 28

1. What is the most usual means of resolving a dispute that arises under an existing collective agreement?

litigation

strike

lock out

grievance arbitration

all of the above.

1 points

QUESTION 29

1. The three steps in risk management are

realization, response, and reaction.

recognition, evaluation, and insurance.

identification, evaluation, and response.

evaluation, qualification, and litigation.

assessment, formulation, and implementation.

1 points

QUESTION 30

1. Which of the following is a feature of condominium ownership?

Owners are not liable for any debts incurred by another owner with respect to the property;

The owner of a unit has exclusive right to possession of such unit;

The owner of each unit in the development also owns a share of the common elements;

The consent of the condominium corporation is not required for a unit to be rented;

All of the above.

1 points

QUESTION 31

1. In the absence of some specific contractual requirement, an agency arrangement may be terminated by

the agent giving notice to the third parties it has contracted with for the principal.

the principal giving notice by newspaper advertisement that the agency relationship is over.

the principal and agent disagreeing about any issue whatsoever.

the performance of the agency becoming more difficult than first imagined.

the principal giving notice to the agent that the agency agreement is terminated.

1 points

QUESTION 32

1. Satinder is an employee of Bog Systems Inc. She acts as an agent on behalf of the corporation in that she buys office furniture on behalf of the corporation. Which of the following is TRUE?

Satinder can be terminated as an employee at any time by Bog for any reason so long as there is no discrimination.

Satinder can be terminated as an employee by Bog only for just cause or with reasonable notice or compensation in lieu of notice.

Satinder cannot be terminated as an employee by Bog except for just cause.

Satinder is automatically terminated as an employee by Bog if Bog goes bankrupt.

Satinder can be terminated as an employee by Bog only with the appropriate payment under theEmployment Standards Act.

1 points

QUESTION 33

1. Which of the following statements regarding a principal's liability for the torts of its agents is TRUE?

A principal is never responsible for the torts of its agents.

A principal is always responsible for the torts of its agents.

A principal is only responsible for the torts of it agents if it specifically authorized the activity by the agent that constituted the tort.

A principal is only responsible for torts committed by agents who are also employees of the principal.

A principal is responsible for the torts of the agent who is acting in the actual or apparent scope of the agent's duties or authority.

1 points

QUESTION 34

1. The most significant disadvantage of using a sole proprietorship is that

the sole proprietor alone must do all the work in the sole proprietorship business.

the sole proprietor has unlimited personal liability for all obligations of the business.

the sole proprietor must obtain a business licence.

the sole proprietor must register a business name.

it is simple to terminate.

1 points

QUESTION 35

1. What form of business allows personal assets to be protected from claims against the business?

Sole proprietorship

Partnership

Corporation

Association

All of the above.

1 points

QUESTION 36

1. A and B are are carrying on business as partners, but do not have a partnership agreement. A does twice as much work as B and sues for a bigger share of profit. The Court will

decide that the profits should be equally under thePartnership Act

divide the profits based on the number of hours each partner worked.

divide the profits based on what is fair

refuse to hear the case because there is no agreement in writing

None of the above

1 points

QUESTION 37

1. Unless a partnership agreement has terms to the contrary, which of these ends the partnership?

A partner becomes bankrupt

A partner dies

A partner decides to leave the partnership

All of the above

None of the above

1 points

QUESTION 38

1. Ross is no longer an officer of XYZ Inc. What should XYZ do to avoid any liability to third parties for Ross's acts?

Sue Ross for breach of the agency agreement

Ask Ross to sign an indemnification agreement

Refuse to recognize any contracts Ross subsequently negotiates

Notify its customers that Ross is no longer an officer of XYZ.

1 points

QUESTION 39

1. Which of the following statements about shares of a corporation is TRUE?

All shares issued by the corporation must have voting rights

All shares must be equal - no shares can have any preferences

All shares must have voting rights

All shares can be converted into bonds

All voting shares can be voted by proxy.

1 points

QUESTION 40

1. When must an employee be advised if an employee manual to be considered part of the employment contract?

During the job interview

At the time of hiring

On the first day of work

At any time course the course of employment

Employee manuals can never be part of the employment contract.

1 points

QUESTION 41

1. Due to the enthusiastic response it receives each year from Italian tourists visiting for the summer, La Batootski Sandwiches Inc is hiring a sandwich maker. In addition to the requirement of being able to make a mean turkey and provolone, which of the following characteristics might be justified as abona fideoccupational requirement?

ability to converse in Italian

proof of Italian ancestry

proof of an Italian post-secondary education

single or married status, but not divorced

none of the above.

1 points

QUESTION 42

1. Wrongful dismissal occurs when an employee is

dismissed for wrongful conduct in the course of employment.

dismissed with just cause but without reasonable notice or money instead of notice.

dismissed without just cause but with reasonable notice or money instead of notice

dismissed without just cause and without reasonable notice or money instead of notice

dismissed for being drunk while at work.

1 points

QUESTION 43

1. Which of the following intellectual property rights would be used to protect the content of the new Harry Potternovel?

Confidential Information;

Copyright;

Trade Mark;

Patent;

Personality rights.

1 points

QUESTION 44

1. Which of the following intellectual property rights would be used to protect the logo of franchised chain ofrestaurants?

industrial design;

personality right;

copyright;

patent;

trademark.

1 points

QUESTION 45

1. What is the most likely remedy available if an agreement of purchase and sale of real estate is breached?

Punitive damages

Anton Pillar order

An accounting of profits

An injunction

Damages

1 points

QUESTION 46

1. In which of the following circumstances can a landlord evict a commercial tenant for failure to payrent:

Where the rent is due and remains unpaid for 15 days or more;

Where within a six month period, the tenant has failed to pay the time on at least three (3)

occasions;

Where the rent is due and remains unpaid for 30 days or more;

Where the rent is due and remains unpaid for 60 days or more;

Where there has been a persistent failure by the tenant to pay the rent on time.

1 points

QUESTION 47

1. Which of the following is NOT considered a legal person?

A private corporation

A public corporation

An individual

A partnership

All of the above are considered to be a "person" legally.

1 points

QUESTION 48

1. It is important for business student to study business lawbecause:

you are able to learn valuable business lessons from the failures of others;

it is important to understand law as it affects the environment in which businesses operate;

it improves your ability to understand risk and the importance of risk management plans;

law can be used to advantage or defend business interests;

All of the above.

1 points

QUESTION 49

1. What is the importance of registering a deed to land?

Because registration creates an estate in the land;

Because registration is required to prevent adverse possession

Because if a deed is not registered, the land will be forfeited to the crown;

Because registration is deemed to constitute notice to the public of the interest of the person registering

All of the above.

1 points