Question 1

Collective bargaining is

Accepted Answer

A)  bargaining between employees. 
B)  bargaining between employers. 
C)  bargaining between employers and employees. 
D)  bargaining between certain employees and the employer. 
E)  establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. 
A)  bargaining between employees. 
B)  bargaining between employers. 
C)  bargaining between employers and employees. 
D)  bargaining between certain employees and the employer. 
E)  establishing conditions of employment by negotiation between an employer and the bargaining agent for its employees. E

Question 2

Which of the following is not true?

Accepted Answer

A)  The relationship of employer and employee is one of contract in which one party, the employer, enters into a contract with an independent party, the employee, to do a specified task. 
B)  An employer is not liable for the torts committed by a person to whom and employee has delegated work without the consent of the employer. 
C)  An employer is not vicariously liable for all torts committed by his or her employees. 
D)  The distinction between an agent and employee is one of function only. 
E)  The relationship of employer and employee is one of contract. 
A)  The relationship of employer and employee is one of contract in which one party, the employer, enters into a contract with an independent party, the employee, to do a specified task. 
B)  An employer is not liable for the torts committed by a person to whom and employee has delegated work without the consent of the employer. 
C)  An employer is not vicariously liable for all torts committed by his or her employees. 
D)  The distinction between an agent and employee is one of function only. 
E)  The relationship of employer and employee is one of contract. A

Question 3

Systemic discrimination is discrimination on the basis of race.

Accepted Answer

A) True 
 B)False  False

Question 4

If a hiring is general, or indefinite, reasonable notice

Accepted Answer

A)  is two month's notice. 
B)  depends on all the circumstances of the employment. 
C)  three month's notice. 
D)  is one month's notice. 
E)  three week's notice. 
A)  is two month's notice. 
B)  depends on all the circumstances of the employment. 
C)  three month's notice. 
D)  is one month's notice. 
E)  three week's notice.

Question 5

Explain the concept of dismissal for cause.

Accepted Answer

Dismissal for cause is dismiss

Question 6

What is a closed shop agreement?

Accepted Answer

A collective agreeme

Question 7

An employer can dismiss an employee who has done nothing wrong.

Accepted Answer

A) True 
 B)False

Question 8

Which of the following is true?

Accepted Answer

A)  The independent contractor is not subject to the supervision of the employer. 
B)  An independent contractor undertakes to enter into a contract with the employer to perform any work required by the employer, and he employee undertakes not to enter into a contract with the employer. 
C)  An independent contractor undertakes to perform a specified task, and the employee undertakes to carry out any work required of him or her by the employer. 
D)  An employer is liable for all torts committed by an employee. 
A)  The independent contractor is not subject to the supervision of the employer. 
B)  An independent contractor undertakes to enter into a contract with the employer to perform any work required by the employer, and he employee undertakes not to enter into a contract with the employer. 
C)  An independent contractor undertakes to perform a specified task, and the employee undertakes to carry out any work required of him or her by the employer. 
D)  An employer is liable for all torts committed by an employee.

Question 9

An employee's liability does not fall within the scope of employment if

Accepted Answer

A)  the employee carries out his or her duties in an unauthorized manner. 
B)  the employer is not present. 
C)  the employee's actions are not related to performance of his/her duties. 
D)  the employee is not at the employer's premises. 
E)  the employee acts in a manner contrary to the employer's instructions. 
A)  the employee carries out his or her duties in an unauthorized manner. 
B)  the employer is not present. 
C)  the employee's actions are not related to performance of his/her duties. 
D)  the employee is not at the employer's premises. 
E)  the employee acts in a manner contrary to the employer's instructions.

Question 10

How many ways are there of assessing the wage gap between men and women?

Accepted Answer

A)  1 way 
B)  5 ways 
C)  4 ways 
D)  3 ways 
E)  2 ways 
A)  1 way 
B)  5 ways 
C)  4 ways 
D)  3 ways 
E)  2 ways

Question 11

Explain the implications of collective agreements for employees.

Accepted Answer

A collective agreement is an agreement b

Question 12

Bob delivers products to retail outlets for Bakeries Inc. Bob was involved in a collision which injured Ada. Ada is suing Bob for negligence, and is seeking to hold Bakeries Inc. vicariously liable foe Bob's negligence. Which of the following would be a defence to vicarious liability on the part of Bakeries Inc.?

Accepted Answer

A)  the accident occurred when Bob was not on the job 
B)  Bob was driving his own truck at the time of the accident 
C)  Bob had never been in an accident before 
D)  Bakeries Inc. had a clause in its contract with Bob that said Bakeries Inc. would not be liable if Bob drove negligently 
E)  A , B and C would all be defences to vicarious liability 
A)  the accident occurred when Bob was not on the job 
B)  Bob was driving his own truck at the time of the accident 
C)  Bob had never been in an accident before 
D)  Bakeries Inc. had a clause in its contract with Bob that said Bakeries Inc. would not be liable if Bob drove negligently 
E)  A , B and C would all be defences to vicarious liability

Question 13

On what grounds is a business justified in dismissing its employees without notice?

Accepted Answer

As a general rule, notice is required be

Question 14

Bontel Systems is a computer company. The company is going through some financial crises as a result of which the management decides to reduce costs by laying off some workers. The financial crises excuses the company from providing the employees concerned with notice of termination.

Accepted Answer

A) True 
 B)False

Question 15

Jack Machinery Limited is a clothing company. Jake is an employee of the company. Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty. Jake is due to attend at the home of Mary to repair a machine purchased by Mar. He cannot make it and so he asks a friend, Mike, to attend for him. Mike is not an employee of Jack Machinery Limited. While at the home of Mary, Mike gets into an argument with Mary and during the course of the argument slaps Mary. Can Mary sue Jack Machinery Limited for assault and battery. Give reasons for your answer.

Accepted Answer

An employer is vicariously liable for th

Question 16

How does an independent contractor differ from an employee?

Accepted Answer

The relationship of employer and employe

Question 17

Jack Machinery Limited is a clothing company. Jake is an employee of the company. Part of the work of Jake includes attending at the home of purchasers to repair machines purchased directly from Jack Machinery and still under warranty. Jake is due to attend at the home of Mary to repair a machine purchased by Mary. He cannot make it and so he asks a friend, Mike, to attend for him. Mike is not an employee of Jack Machinery Limited. While at the home of Mary, Mike gets into an argument with Mary and during the course of the argument slaps Mary. Can Mary sue Jack Machinery Limited for assault and battery. Explain your answer.

Accepted Answer

An employer is vicariously liable for to

Question 18

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Accepted Answer

A)  the length of service of the employee 
B)  the economic situation of the employer 
C)  the age of the employee 
D)  the employee's special expertise and training 
E)  the possibilities the employee has for re- employment 
A)  the length of service of the employee 
B)  the economic situation of the employer 
C)  the age of the employee 
D)  the employee's special expertise and training 
E)  the possibilities the employee has for re- employment

Question 19

Systemic discrimination is

Accepted Answer

A)  discrimination that is harmful. 
B)  discrimination that is pervasive throughout an employer's work force. 
C)  discrimination on the basis of sex. 
D)  discrimination on the basis of race. 
E)  discrimination on the basis of gender. 
A)  discrimination that is harmful. 
B)  discrimination that is pervasive throughout an employer's work force. 
C)  discrimination on the basis of sex. 
D)  discrimination on the basis of race. 
E)  discrimination on the basis of gender.

Question 20

Dismissal for cause is

Accepted Answer

A)  dismissal for causes specified in the contract of employment. 
B)  dismissal for unjustified causes. 
C)  dismissal without notice and further obligation by the employer when the employee's conduct amounts to a breach of contract. 
D)  dismissal for causes not specified in the contract of employment. 
E)  dismissal for justified reasons. 
A)  dismissal for causes specified in the contract of employment. 
B)  dismissal for unjustified causes. 
C)  dismissal without notice and further obligation by the employer when the employee's conduct amounts to a breach of contract. 
D)  dismissal for causes not specified in the contract of employment. 
E)  dismissal for justified reasons.

Exam 20: The Contract of Employment

Collective bargaining is

Which of the following is not true?

Systemic discrimination is discrimination on the basis of race.

If a hiring is general, or indefinite, reasonable notice

Explain the concept of dismissal for cause.

What is a closed shop agreement?

An employer can dismiss an employee who has done nothing wrong.

Which of the following is true?

An employee's liability does not fall within the scope of employment if

How many ways are there of assessing the wage gap between men and women?

Explain the implications of collective agreements for employees.

On what grounds is a business justified in dismissing its employees without notice?

Bontel Systems is a computer company. The company is going through some financial crises as a result of which the management decides to reduce costs by laying off some workers. The financial crises excuses the company from providing the employees concerned with notice of termination.

How does an independent contractor differ from an employee?

Which of the following is NOT relevant in determining how much notice is reasonable in case of wrongful dismissal?

Systemic discrimination is

Dismissal for cause is

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

Insurance and Guarantee

Agency and Franchising

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

Filters