GB 317 Test #3

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GB 317 Test #3
2011-12-06 20:40:15

law test #3
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  1. court orders agent to pay to the principal any money or property collected on behalf of that principal
  2. authority given to agent expressly or by implication
    actual authority
  3. conduct of principal suggests to third party that agent has authority to act on his behalf
    apparent authority
  4. the service an agent performs on behalf of a principal
  5. the test used by the court in an injucnction application to determine which party will be most harmed by tthe issuance of the injunction
    balance of convenience
  6. a corporation that hass many shareholders and is usually publicly traded on the stock market, also called a distributing corporation in some jurisdiction
    broadly-held corporation
  7. the legal standing to enter into a contract
  8. a special mark protected under the Trade-marks Act; used by official agencies to indicate the quality and standard of the certified product
    certification mark
  9. a corporation in which there are relatively few shareholdders with restricctions on the transferabilitty of their shares; referred to as "non-distributing corrporations" in some jurisdictions
    closely-held corporation
  10. the terms must be clear and both parties should have a shared understanding of them
  11. an author's right to control the reproduction and use of his creation
  12. the right of a shareholder in some jurisdictions to have their shares purchased where decisions are made that negatively affect their position
  13. the unique shape of a product, which can also be registered under the Trade-marks Act
    distinguishing guise
  14. payments to shareholders out of company profits
  15. when a persoon leads another to believe a certain fact is true
  16. a duty to act in the best interests of others such as partners, principals, and in some circumstances employerss
    fiduciary duty
  17. arrangements based on contracts where a smaller party (usually a corporation) exclusively agrees to provide goods or services supplied by a larger corporation to consumers
  18. two or more corporations joining together to accomplish a major project
    joint venture
  19. where a person is liable to lose only what he has invested in the business and is not responsible for other debts or obligations of the business
    limited liability
  20. employer prevents employees from working
  21. where a jurisdiction has passed legislation giving them the right to take action against offending conduct takinng place outside of that state or province
    long-arm statutes
  22. victims of a breach must make an effort to lessen the loss
  23. a special mark protected under the Trade-marks Act to indicate an official organization has special status
    official mark
  24. action brought against the directors or shareholders who have offended the rights of creditors or other shareholders
  25. determines whether employment exists on the basis of the extent of a person's involvement in the employer's organization
    organization test
  26. a tort action available to prevent someone from misleading the public into thinking it is dealing with some other business or product when it is not
  27. government-granted protection giving an inventor exclusive right to profit fromm that invention for a specified period of time
  28. a right given to a shareholder ensuring that in the eveent of a new offering of shares that shareholder will be given first refusal on enough of those shares to maintain his portion of control of the corporation
    preemptive rights
  29. The Trade-marks Act permits an application to register a trademark that haas not been used yet but will be in the future
    proposed trademark
  30. majority agrees with terms of collective bargain; principal confirms a contract entered into by his agent
  31. the amount of notice that must be given in terminating an employment contract, taking into considerationn the position of the employee and time served
    reasonable notice
  32. the right of shareholders to sue the directors on behalf of an injured corporation; sometimes called a derivative action
    representative action
  33. a name, mark, or symbol associated with a business or product which helps to distinguish it from other businesses or products
  34. employer is liable for the injuries caused by employees during the course of their employment
    vicarious liability
  35. represents a principal in dealings with a third party
  36. principal has directly granted the authority to act
    expressed authority
  37. Agent's fiduciary duty (7)
    • must not take advantage of principal's business opportunities
    • must submerge his or heer own interests in favour of principal's
    • must disclose conflict of interest
    • must not take benefit from both parties
    • must disclose information to principal
    • must not compete with principal
    • must not make profit at expense of principal
  38. Creation of Agency (3)
    • created when principal grants autthority to agent on his/her behalf, usually by contract
    • may be created gratuitously
    • may be inferred from conduct of parties
  39. authority based on surrounding circumstances
    implied authority
  40. Restrictions on ratification (3)
    • must have been possible to enter into contract at time of ratification
    • must have been possible to enter into contract at time agent purported to act
    • must ratify within reasonable time after agent's unauthorized conduct
  41. Actual authority ends (5)
    • job is finished
    • agent receives different instructions
    • employment or agency relationship is changed or ended
    • project becomes illegal
    • principal dies, goes bankrupt, or becomes insane
  42. Obligations of employer (6)
    • safe workplace
    • appropriate direction
    • tools where appropriate
    • wages
    • reimbursement for expenses
    • other requirements included in employment contract
  43. Obligations of employee (5)
    • be reasonably competent
    • have the skills claimed
    • be honest, punctual, loyal
    • perform the work agreed to
    • owe a fiduciary duty if manager or key employee
  44. Just cause (3)
    • incompetence
    • unacceptable conduct
    • inability to perform work
  45. Creation of partnership (3)
    • by express contract
    • by inadvertence (implied from conduct)
    • by estoppel
  46. Limited partnership available if: (4)
    • there's at least one general partner
    • the limited partnership is registered
    • the limited partner's name is not used in the name of the business
    • limited partner does not participate in management of business
  47. Shareholder's rights (5)
    • right to vote
    • right to share in dividends (if declared)
    • right to share in assets upon dissolution of corporation
    • right to inspect certain records
    • minority shareholders have right to "dissent"
  48. Copyright (3)
    • only protects expression of the idea
    • lasts for 50 years after death of the creator
    • creator retains moral rights even if copyright assigned or sold
  49. Patents (4)
    • exclusive rights to produce and profit from invention for 20 years
    • first to register has priority
    • protect idea, not work
    • invention must be useful, new, and contribute to improving society
  50. Industrial Design Act (3)
    • protects distinctive designs, shapes, or patterns associated with product
    • must register
    • protection lasts 10 years
  51. Integrated Circuit Topography Act (3)
    • protects unique design of integrated circuits
    • must register
    • protection lasts 10 years
  52. Trademarks (4)
    • names, symbols, logos, or other distinctive marks associated with a business
    • Federal Trade-marks Act allows for registration and protection
    • gives exclusive rights of use in Canada for 15 years and is renewable
    • must use marks or will lose protection
  53. Test for passing-off (3)
    • reputation of goodwill for product or service
    • mark/name similar enough to cause confusion
    • value of goodwill/reputation injured
  54. Intellectual Property Rights Remedies (4)
    • damages
    • injuction
    • Anton Piller order
    • accounting
  55. order that offending products or records be seized before they can be destroyed/removed
    Anton Piller order
  56. Anton Piller order requirements (3)
    • strong prima facie case
    • danger of considerable further damage
    • offending party has documents/products in his/her possession and likely to dispose of/destroy them
  57. protects personal information in hands of federal government
    Federal Privacy Act
  58. controls collection, use, disclosure, and disposal of personal information in commercial activities
    Personal Information Protection and Electronic Documents Act (PIPEDA)
  59. Businesses must develop policies and procedures to: (4)
    • make businesses accountable for information
    • place limits on information collection, use, retention, and disclosure
    • ensure accuracy and safeguard information
    • provide access to and provide process for challenging information's accuracy
  60. Major difficulties of business and the internet (2)
    • determining appropriate jurisdiction
    • enforcement
  61. provides rights for anyone located in the province at the time of transaction
    Ontario Consumer Protection Act
  62. valid reason to dismiss an employee without notice
    just cause
  63. dispute arising between unions and employees while union is being organized
    recognition dispute
  64. a dispute between two unions over which one should represent a group of employees, or over which union members ought to do a particular job
    jurisdictional dispute
  65. disagreement about the meaning of a term or the enforcement of a collective agreement
    rights dispute
  66. disagreement about the terms to be included in a new collective agreement
    interest dispute
  67. practices by management or by employees in the collective bargaining process that are prohibited, such aas intimidation or firing employees for their union activity
    unfair labour practices
  68. new employees must join the union
    union shop
  69. only workers who are already members of the union can be hired
    closed shop
  70. option in collective agreement enabling employees to retain the right not to join the union, but they are still required to pay union dues
    Rand Formula
  71. employees agree to have employer deduct union dues from payroll
    check-off provision
  72. the requirement that a union give a required period of advance warning to the employer of an impending strike
  73. one person carrying on business alone, without incorporation
    sole proprietor
  74. two or more partners setting out specific obligations and benefits between them, usually modifying certain provisions of the Partnership Act
  75. a special monetary award authorized in the Copyright Act to compensate the victim of copyright infringement
    statutory damages
  76. where a jurisdiction has passed legislation giving them the right to take action against offending conduct taking place outside of that state or province
    long-arm statutes