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