Civil Law review 2 Rent, Employment, contracts
Civil Law review 2
Rent, Employment, contracts
Rent Employment Contracts 1 Contracts 2 Misc. 1
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Each province or territory requires a landlord to provide a tenant with a
copy of
The signed lease
Siony and Ludmila signed a lease as joint tenants. Siony was moved to
another city by her company. Ludmila
Is liable for the whole rent
Nikolai complains to the rental tribunal that his apartment is very
cold. His landlord, Rentals Inc., counters that the temperature is
legal. Does Nikolai owe rent during the dispute?
Yes, because the dispute does not dissolve legal obligations
Rent is considered to be overdue
The day after it should have been paid
Security deposits posted by tenants can be used to pay
for
1.Damage to the apartment2.Unpaid rent
In a residential tenancy, whose responsibility is it to first identify
the need for minor repairs?
The tenant
Can tenants make repairs that the landlord does not get around to and
deduct the cost from their rent?
They have the right but may be liable
What is a reason the landlord may enter the
tenant’s rented premises?
1. Tennant agrees to admit landlord2. Emergency
3. Proper notice has been given
Moffatt, a tenant of Rentals Inc., was concerned about the number of weeds on the building’s lawn and, on her own
initiative, hired a landscape firm to eliminate them. Who is responsible for
this expense?
Moffatt hired the firm so she pays
Vanna, who had signed a lease for two years, wanted to move after a year. She persuaded coworker Stepan to rent her apartment for the remaining year and the
landlord agreed. This arrangement is called
Sublet
When confronted with an employment situation that seems
unfair, what sources of information are available to employees?
Union rulesContacts
Statute lawCommon law
If an employer sets a requirement that excludes some applicants,
what must the requirement legally be?
Bona fide occupational requirement
The Charter of Rights and Freedoms makes a special exception to permit
programs to help minorities that would otherwise be prohibited as
discriminatory. These programs are
“Affirmative Action”
Generally speaking, harassment in the workplace means that a person
in a position of power forces an employee to do things
That are inappropriate, to keep the job
When can an employer not usually hire youths under 16
to work?
School hoursLate night during the week
Why is Canada Customs and Revenue Agency concerned with whether a worker is really self-
employed or an employee?
Contractor eligible to deduct tax expenses
To be legally binding, a contract must have the
following elements.
1. Offer and acceptance2. Consideration
3. Consent
What can be legal contracts?
1. Verbal contracts2. Written contracts3. Implied contracts
A consumer can legally do with unsolicited
goods?
1. Forget and never use them2. Refuse them3. Return them
(if you use them then you agree to pay)
Which of the following type of consideration is not
legally binding?
Past consideration
Retailers deal with minors?
1. At their own risk2. Usually for cash
3. If parent co-signs
In a contract formed under undue influence what
happens
Victim can void the contract
Contracts that offend the public good are
Unenforceable
How do most contracts come to an end?
Performance
If a party fulfills most but not all of the obligations under a contract,
the party is protected by the rule of
Substantial performance
In contract law, mitigation of loss
meansReduce losses to the extent
possible
Liquidated damages are intended to compensate
Breach of contract
Dieter agrees to sell you an antique car but then decides to keep it for a better offer. what will you ask the
court to order Dieter to do?
Specific performance
If the manufacturer of an automobile advises only dealers but not the public
about funds available for repair of a common defect in the model, the
manufacturer advisory is called a(n)
Secret warrantee
You have bought a used car from a fellow parked nearby, but the police inform you that it was stolen from Amir. Which of the
following is most likely?
Amir gets the car back; you lose it
Which of the following do sellers add to contracts to reduce the risk of being sued for breach of implied
warranty?
Disclaimer clauses
Clauses that remove protections from the buyer are not binding
unlessSeller draws buyers attention to
them
When two or more parties enter into an agreement to charge the
same for products so that consumers do not benefit from true competition, the practice is called
Price fixing
Which of the following is illustrative of an implied
contract?
You order lunch at a restaurant
What is a necessary
Basics of life, food, clothing, shelter, safety (medical)
Usually, in the case of an illegal contract, the courts
will
Declare the contract void and have no further dealings with
the parties
Following divorce, legally married spouses are entitled to share inEverything acquired during the
marriage
What must be divided equally in the event of marriage breakdown
1. Matrimonial home2. Family car
3. Family cottage
What is not a purpose of spousal support after marriage breakdown?
Compensate spouse for abuse suffered
To enforce spousal/child support, what actions can the federal government
take?
1. Refuse passport2. Garnish wages
3. Search tax information
The presumption of undue influence does not apply
where the relationship is one of
Husband and wife
The expression “infancy is a shield, not a sword”
means that1. Minors are protected by law due to inexperience2. Merchants do business with minors at their peril3. A parent is often required to co-sign a contract
involving a minor
Dan and Laurie are neighbours. Dan has a hole in Laurie’s roof repaired while Laurie is out of town and then seeks repayment when she returns.
The courts would
Not support Dan’s claim since it involves past consideration
An “invitation to treat” is
A marketing tool
Frustration of a contract exists where the parties
Experience events beyond their control that prevent the
execution of the contract.
What are permissible ground for a landlord to
terminate a tenancy agreement?
Anne rehearses clog dancing at nightBanwell is always weeks late with rent
Sarah adopts 3 pit bulls