Question: If a restaurant manager failed to take disciplinary action for an employee who was sexually harassing another employee, which legal doctrine would apply? Stare Decisis

  1. If a restaurant manager failed to take disciplinary action for an employee who was sexually harassing another employee, which legal doctrine would apply?

    Stare Decisis

    Vicarious liability

    Convention

    Tort of Battery

  2. What is it referred to if an offending party adopted a policy or practice that had the unintended effect of discrimination?

    Direct discrimination

    Bona fide discrimination

    Adverse discrimination

    Undue hardship

  3. During a contract negotiation, Person A makes a statement knowing it is false. Person B relies on that statement when entering the contract, then later finds out Person As statement is false. What are Person Bs options?

    Person B would be entitled to rescission and damages

    Person B would be entitled to rescission

    Person B would be entitled to damages

    Person B would be entitled to Specific Performance

  4. Which element of a contract deals with a persons legal ability to enter into a contract?

    Intention

    Consideration

    Capacity

    Acceptance

  5. When you have a defendant, who owed a duty of care to the plaintiff, and the defendant breached that duty of care which caused the plaintiffs injury, you have the elements of:

    Negligence

    Contract law

    Strict liability

    Vicarious liability

  6. If a hotel valet attendant decided to take a customers Lamborghini for a joy ride (i.e., for a short drive on the road), which tort would apply?

    Deceit

    Trespass to Chattels

    Interference with Contractual Relations

    Battery

  7. Angela is a wine importer, who lives in Canada. The wine she imports is from France. Angela has contracts to sell her imported wine to several restaurants and gourmet food shops in Toronto. There is an economic crisis in Europe and a strike in France. Due to some international trade politics, all deportation of wine and commercial activity of the wine manufacturer is prohibited. Angelas clients are upset with the delayed deliveries. How could Angela get discharged from her obligations under contract?

    Have the contract set aside due to capacity issues

    Have the contract discharged due to legality

    Have the contract discharged due to frustration

    Have the contract voidable due via repudiation

  8. If the security at a night club broke up a fight between patrons, which defence for an intentional tort may apply?

    Necessity

    Self Defence

    Consent

    Legal Authority

  9. Which government has jurisdiction over liquor licensing?

    Federal

    Municipal

    Provincial

    none of the above

  10. Section 32(1) of the Charter deals with the convention that the Constitution only deals with governmental matters and not private matters between individuals. Which Supreme Court of Canada decision is responsible for this interpretation?

    R v Oakes

    RWDSU Local 580 v Dolphin Delivery Ltd.

    M v H

    Jones v Tsige

  11. The management at a ski resort posted a visible sign stating icy conditions. If a person went snowboarding and they got hurt, the ski resort would defend itself by stating that person took a voluntary assumption of risk.

    True

    False

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