Module I - Introduction To Employment Law || All C
Module I - Introduction to Employment Law || All C
Exam (elaborations)
Module I - Introduction to Employment Law || All Correct.
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Module I - Introduction to Employment Law || All C
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Module I - Introduction To Employment Law || All C
What does it mean to say that a contract term is ambiguous?
a) It means that the term is vague and subject to multiple, reasonable interpretations
b) It means that the term was added unilaterally at some time during the life of the contract
c) It means that its performance will greatly disadvant...
Module I - Introduction to Employment Law || All Correct.
What does it mean to say that a contract term is ambiguous?
a) It means that the term is vague and subject to multiple, reasonable interpretations
b) It means that the term was added unilaterally at some time during the life of the contract
c) It means that its performance will greatly disadvantage one of the parties correct answers a) It
means that the term is vague and subject to multiple, reasonable interpretations
Why are restrictive covenant clauses controversial?
a) They are controversial because they seem to pit two legitimate interests against each other: the
right of trade against the right of contract
b) They are controversial because they allow people to create contracts that restrict their future
right to alter those same contracts
c) They are controversial because they allow people to create contract terms below the otherwise
legislated minimum standards of work correct answers a) They are controversial because they
seem to pit two legitimate interests against each other: the right of trade against the right of
contract
What does the term "public policy illegality" mean?
a) It refers to the common law right of judges to void specific contract terms if they are deemed
contrary to public interest
b) It refers to the right of the legislature to override common law rules through specific statutes
in the public's interest
c) It refers to the common law right of judges to include specific contract terms that are deemed
necessary to protect public interest correct answers a) It refers to the common law right of judges
to void specific contract terms if they are deemed contrary to public interest
Can an employer enforce a restrictive covenant if the employee was fired without just cause?
a) No. Why should the employer still benefit after unfairly firing the employee?
b) No. Firing an employee without just cause is a repudiation of the contract and the employer
cannot then benefit from the contract's terms
c) Yes, as long as the employee was provided with the requisite notice and the covenant itself is
reasonable correct answers c) Yes, as long as the employee was provided with the requisite
notice and the covenant itself is reasonable
What is a fixed term contract?
a) A fixed-term contract expires at a given time with no further requirement on either party in
terms of notice to bring the contract to an end
b) A fixed-term contract contains a contract term enabling the parties to extend the life of the
contract by mutual agreement
c) A fixed-term contract includes an agreement not to amend or modify any of the expressed
terms during the life of the contract correct answers a) A fixed-term contract expires at a given
time with no further requirement on either party in terms of notice to bring the contract to an end
What is the significance of Ceccol v. Ontario Gymnastic Federation?
, a) It stands for the proposition that all fixed-term contracts are to be treated as indefinite
employment contracts for the purposes of reasonable notice
b) It stands for the proposition that the existence of several one-year contracts will be evidence of
an intent to create an indefinite-term contract
c) It stands for the proposition that either employers or employees may alter the end-date of
fixed-term contracts correct answers b) It stands for the proposition that the existence of several
one-year contracts will be evidence of an intent to create an indefinite-term contract
What is the changed substratum doctrine?
a) It refers to a doctrine wherein a contract may not be enforceable if over the course of that
contract an employee has been given much more job responsibility and the contract does not
contemplate that outcome
b) It refers to a judicial orientation to consider the employee's interests when interpreting
contracts much more carefully than had previously been the case
c) It refers to the fact that a contract that has not been renegotiated in 10 years or more is no
longer considered enforceable correct answers a) It refers to a doctrine wherein a contract may
not be enforceable if over the course of that contract an employee has been given much more job
responsibility and the contract does not contemplate that outcome
Which of the following may an independent contractor sue for?
a) Worker's compensation
b) Reasonable notice
c) Breach of contract
d) Wrongful dismissal correct answers c) Breach of contract
According to the test set out by the Supreme Court of Canada in Sagaz, what is the single-most-
important question to answer to determine employment status?
a) Who controls the direction of work?
b) Who is responsible for hiring and firing decisions?
c) Whose business is it?
d) Who pays for the tools used? correct answers c) Whose business is it?
What is the purpose of distinguishing between independent and dependent contractors?
a) Wo distinguish between types of contractors for tax purposes
b) To extend some benefits of the employment relationship to contractors who are economically
subordinate
c) To distinguish between types of contractors for the purposes of vicarious liability correct
answers b) To extend some benefits of the employment relationship to contractors who are
economically subordinate
What main employment benefit(s) have dependent contractors been granted?
a) All of them, since dependent contractors are treated like employees for the purpose of
employment benefits
b) The right to sue for breach of contract
c) The right to reasonable notice of termination correct answers c) The right to reasonable notice
of termination
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