The rule of contra proferentem means that:

Question 1 options:

ambiguous or unclear language in a contract will usually be interpreted against the party that drafts it

ambiguous or unclear language in a contract will make the provision unenforceable

ambiguous or unclear language in a contract will usually be interpreted in favour of the employee

none of the above

Question 2

A "severability clause" in a written employment contract means that:

Question 2 options:

the terms of a severance agreement are set out in the contract

if any part of the agreement is ruled invalid, the rest of the agreement remains enforceable

the employment contract sets out all of the terms of the contract

none of the above

Question 3

If a written employment contract does not specify a probationary period, and a dispute arises, a court will find that under the common law:

Question 3 options:

there is a probationary period of one year

there is no probationary period

there is a probationary period of six months

there is a probationary period of three months

Question 4

It is best to have a written employment contract signed:

Question 4 options:

at the end of the employee's probationary period

before the employee starts work

just after the employee starts work

before the employee gets a chance to read it

Question 5

Only written employment contracts are legally enforceable.

Question 5 options: True False Question 6

The essential elements of a contractual agreement are:

Question 6 options:

Legality, mistake, intention to create a legal relationship, offer and acceptance

Offer and acceptance, legality, misrepresentation, and intention to create a legal relationship

Offer and acceptance, intention to create a legal relationship, consideration, and legality

Legality, mistake, offer and acceptance, and consideration

Question 7

Contract law is mainly governed by:

Question 7 options:

Statutes/legislation

Common law rules

By-laws

Equity

Question 8

Which of the following is NOT one of the rules of construction?

Question 8 options:

Apply and objective test to the wording or terms

Determine the parties' intentions

Apply a subjective test

Interpret the contract against the drafter

Question 9

What is a standard form contract?

Question 9 options:

An agreement where the parties negotiate all terms and conditions of the contract.

An agreement where one party mostly dictates the terms and the other party either takes or leaves the terms of the contract.

An agreement where the parties to the agreement negotiate the timing of delivery of the contract only.

An agreement where the parties negotiate the costs and liability of the contract only.

Question 10

In the context of contract law, what are implied terms?

Question 10 options:

Terms that are inserted by the court into a contract when necessary to give effect to the parties' intentions

Terms that are pre-contractual but do not become part of the written agreement

Terms that go against public policy

Terms that are automatically part of any enforceable contract

Question 11

Why is it advisable to have a venue clause in a contractual agreement?

Question 11 options:

To make clear which law is to operate in event of a dispute between parties located in different legal jurisdictions.

To make it clear where a contractual dispute will be litigated.

To ensure that the party with the weaker bargaining position will have their chosen venue prevail.

To ensure that the party with the stronger bargaining position will have their chosen venue prevail.

Question 12

The court can imply terms into a contract if they believe it is necessary. In which of the following circumstances might it be deemed necessary to do so?

Question 12 options:

It would provide business effectiveness.

It would benefit a third party who does not have privity of contract.

It would prevent further litigation.

It would save one of the parties from suffering from significant loss.

Question 13

What does it mean to say that a contract term is ambiguous?

Question 13 options:

It means that its performance will greatly disadvantage one of the parties.

It means that the term was added unilaterally at some time during the life of the contract

It means that the term is vague and subject to multiple, reasonable interpretations

Question 14 What is the "parole evidence rule"?

Question 14 options:

It is a rule applied when the language is unambiguous that requires a judge only consult the clear and expressed language in the contract

It is a rule that refers to the type of evidence that an employee may invoke to demonstrate that what is written in the contract is not what the parties initially agreed to

It is rule meaning a judge must decide whether or not there is enough evidence to support giving parole to a defendant; it has nothing to do with employment law

It is a rule meaning the the evidence provided is deemed insufficient to support the claim of the party relying upon that evidence

Question 15

What is the contra proferentem doctrine?

Question 15 options:

It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that best suits the party that drew up the contract

It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that best suits the party that did not draw up the contract

It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that most closely aligns with any legislated standard

It is a doctrine of interpretation stating that where a term is ambiguous the judge will apply the interpretation that most closely aligns with the contracts of other employees at the firm

Question 16

Why are restrictive covenant clauses controversial?

Question 16 options:

They are controversial because they allow people to create contract terms that restrict their future right to alter those same contracts

They are controversial because they allow people to create contract terms below the otherwise legislated minimum standards of work

They are controversial because they seem to pit two legitimate interest against each other: the right of trade against the right of contract

Question 17

What is the "business efficacy" test?

Question 17 options:

A term used to determine whether or not a business can lay off employees owing to its uncertain financial situation

A term for the common law right to imply contract terms if such is deemed necessary to give effect to the business transaction being contemplate

An interpretive tool used to determine whether or not a particular implied term does or does not aid the parties to give effect to a performance contract

Question 18

What is the meaning of quantum meruit?

Question 18 options:

It is a common law doctrine allowing judges to order the payment of wages based on the fair market rate when a wage is not included in the contract

It is a common law doctrine implying a duty to pay employees a fair market rate for their work

It is a common law doctrine implying that the damages for lost wages will be capped at an amount not to exceed a year's worth of wages

Question 19

What is an ancillary contract term?

Question 19 options:

An ancillary term refers to the rules contained in various policies, handbooks etc....that govern the workplace and which are included as part of the employment contract if referred to as such within the employment contract

An ancillary term refers to the rules contained in various policies, handbooks etc....that govern the workplace and which are included as part of the employment contract whether or not they are referred to in the employment contract

An ancillary term is a term that the parties expressly agree to include in the contract, either by writing or orally

An ancillary term is "read in" by the courts and forms part of the contract even if contracting parties did not expressly include it

Question 20

Wrongful dismissal actions may be heard in Small Claims Court as long as the claim is. for:

Question 20 options:

S5,000 or less

$10,000 or less

$50,000 or less

$20,000 or less

Question 21

Where an employment contract contains an enforceable notice of termination provision, the employer does not have an implied duty to provide "reasonable" notice of termination or pay in lieu of such notice under the common law.

Question 21 options: True False Question 22

The common-law duty not to disclose confidential or proprietary information obtained as a result of employment applies equally to managerial and non-managerial employees.

Question 22 options: True False

Question 23

To prevent ex-employees from initiating contact with their former employer's customers, which type of restrictive covenants should be included in employment contracts?

Question 23 options:

Non-competition clauses

Non-contact clauses

Non-disclosure clauses

Non-solicitation clauses

Question 24

To prevent ex-employees from revealing their former employers' trade secrets, which type of restrictive covenants should be included in employment contracts?

Question 24 options:

Non-disclosure clauses

Non-contact clauses

Non-competition clauses

Non-solicitation clauses

Question 25

Legally, the workplace rights of employers and employees are governed by:

Question 25 options:

By-laws and common law

Common law and statutes

Common law only

Statue law only

Question 26

Condonation refers to a situation where:

Question 26 options:

the employment contract no longer reflects the employment relationship

the termination clause in the employment contract is unenforceable

the employment contract is ambiguous and therefore will be interpreted against the employer

an employer is aware of misconduct but takes no disciplinary action within a reasonable time

Question 27

Vicarious liability refers to a situation where:

Question 27 options:

the employer is held legally responsible for actions of its employees

the employer serves alcohol at company-sponsored events

the onus is on the employer to prove it was not negligent

none of the above

Question 28

Progressive discipline is less applicable in the context of statutory termination or severance pay requirements than it is under the common law.

Question 28 options: True False Question 29

From a legal point of view, salary reviews should be held at the same time as performance reviews.

Question 29 options: True False Question 30

Which of the following is not an advantage of having a written employment contract?

Question 30 options:

reduces uncertainty

reduces peer-to-peer comparison of employment terms

reduces risk of misunderstanding

addresses potentially contentious issues early

Question 31

Which of the following is NOT a common law test to determine if someone is an independent contractor or an employee:

Question 31 options:

the amount of control the individual exercises over how the work is done

the length of time the individual dedicates to the organization on an exclusive basis

the existence of a written contract specifying that the individual is an independent contractor

the extend to which the individual provides his or her own equipment

Question 32

Adam was hired to work on a 2 year fixed-term contract with ABC Company (located in British Columbia). The project for which Adam was hired was going well but running behind. Adam wanted to see the project through and having no other employment, continued working as he had been for a little over four months past the end of his contract date when the project completed. Which of the following best describes this situation?

Question 32 options:

Adam continued to work after the fixed-term contract ended, transforming him into an indefinite term employee. He would be subject severance according to Employment Standards Act and the common law

Adam should be paid severance pursuant to the Employment Standards Act on the basis of length of his original fixed-term contract

As Adam completed a fixed-term contract he is not due any severance.

Since Adam was working under a fixed-term contract, he is not considered an employee and therefore does not qualify for protection under the Employment Standards Act

Question 33

As long as the contract clearly establishes that the parties intend their relationship to be one of independent contractor and principal, courts and tribunals will usually accept their characterization of the relationship.

Question 33 options: True False Question 34

Lawsuits against former employers for giving a negative reference are rare.

Question 34 options: True False Question 35

As long as an employment contract is in writing, only two elements are needed to forma a binding agreement - offer and acceptance.

Question 35 options: True False