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 apartment
2.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 landlord
2. 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 rules
Contacts
Statute law
Common 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 hours
Late 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 acceptance
2. Consideration
3. Consent
What can be legal
contracts?
1. Verbal contracts
2. Written contracts
3. Implied contracts
A consumer can
legally do with
unsolicited goods?
1.
Forget and never use them
2. Refuse them
3. 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 risk
2. 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
means
Reduce 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 unless
Seller 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 in
Everything acquired during the
marriage
What must be divided
equally in the event of
marriage breakdown
1. Matrimonial home
2. 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 passport
2. 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
that
1.
2.
3.
Minors are protected by law due to inexperience
Merchants do business with minors at their peril
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 night
Banwell is always weeks late with rent
Sarah adopts 3 pit bulls