IDRL 320 Unit 2 Exam Questions and
Answers7
What constitutes misrepresentation in the recruitment and hiring process? - ANSWERS-Tort of
deceit and/or contract law of Misrepresentation is when one party presenting or omitting
information that misleads the other party, the other party relied on this information which
resulted in damages.
Fraud = Intent
Negligence = No intent required but duty of care
Tort of Fraudulent/deceit misrepresentation by prospective employer.
Tort of negligent misrepresentation by prospective employer. (ex Queen v Cognos)
Tort of fraud/negligent misrepresentation by job applicant.
What are the necessary elements of an employment contract? - ANSWERS-Capacity to enter a
contract: To protect those who lack the capacity to understand the implications of the contract
(minors, mentally impaired)
Intention to create a legally enforceable contract: Courts apply Objective test (What would a
person of reasonable intelligence assume given the facts?) and Subjective test (What was the
individual thinking at the time the contract was made?)
3 elements: Offer, acceptance and mutual consideration
, What is required to modify an employment contract? - ANSWERS-Fresh considerations and
acceptance. If the worker refuses, the employer may be able to provide notice and once that
notice is done, present employee with new contract with new term in there and if employee
wants to continue employment, they are to sign.
Why is discrimination based on race or gender permitted under common law? - ANSWERS-
Common law is heavily influenced by the "Freedom of contract" which means that capable
parties are able to reasonably determine terms of a contract and the law should have minimal
regulation in who can hire who. Judges have taken and held this position historically. This
inaction has allowed discrimination to continue under common law.
What are examples of restrictive covenant clauses? - ANSWERS-non-solicitation: Former
employee is prohibited from attempting to entice customers of former employer to stop doing
business with former employer and do business with them instead.
Non-Disclosure: Prohibited from sharing confidential information that has proprietary value to
the former employer
Non-Compete: Prohibited from entering a competing business with former employer
What is required of a restrictive covenant clauses? - ANSWERS-Must be to protect something of
value, must be reasonable in scope (time, location restriction), must be clear and
understandable, must be necessary to protect the interest of the former employer and no other,
less restrictive option would be effective.
What methods do judges use to imply contract terms? - ANSWERS-Implied terms in fact: A
judge will read a term into a contract with consideration to past practices, and the intentions
and actions of both parties. And imply a term that is necessary to make the contract effective.
Implied in law: Judges read these terms into contracts as a matter of legal duty they believe
should be imposed given the nature of the contract. Intention is not relevant.
Answers7
What constitutes misrepresentation in the recruitment and hiring process? - ANSWERS-Tort of
deceit and/or contract law of Misrepresentation is when one party presenting or omitting
information that misleads the other party, the other party relied on this information which
resulted in damages.
Fraud = Intent
Negligence = No intent required but duty of care
Tort of Fraudulent/deceit misrepresentation by prospective employer.
Tort of negligent misrepresentation by prospective employer. (ex Queen v Cognos)
Tort of fraud/negligent misrepresentation by job applicant.
What are the necessary elements of an employment contract? - ANSWERS-Capacity to enter a
contract: To protect those who lack the capacity to understand the implications of the contract
(minors, mentally impaired)
Intention to create a legally enforceable contract: Courts apply Objective test (What would a
person of reasonable intelligence assume given the facts?) and Subjective test (What was the
individual thinking at the time the contract was made?)
3 elements: Offer, acceptance and mutual consideration
, What is required to modify an employment contract? - ANSWERS-Fresh considerations and
acceptance. If the worker refuses, the employer may be able to provide notice and once that
notice is done, present employee with new contract with new term in there and if employee
wants to continue employment, they are to sign.
Why is discrimination based on race or gender permitted under common law? - ANSWERS-
Common law is heavily influenced by the "Freedom of contract" which means that capable
parties are able to reasonably determine terms of a contract and the law should have minimal
regulation in who can hire who. Judges have taken and held this position historically. This
inaction has allowed discrimination to continue under common law.
What are examples of restrictive covenant clauses? - ANSWERS-non-solicitation: Former
employee is prohibited from attempting to entice customers of former employer to stop doing
business with former employer and do business with them instead.
Non-Disclosure: Prohibited from sharing confidential information that has proprietary value to
the former employer
Non-Compete: Prohibited from entering a competing business with former employer
What is required of a restrictive covenant clauses? - ANSWERS-Must be to protect something of
value, must be reasonable in scope (time, location restriction), must be clear and
understandable, must be necessary to protect the interest of the former employer and no other,
less restrictive option would be effective.
What methods do judges use to imply contract terms? - ANSWERS-Implied terms in fact: A
judge will read a term into a contract with consideration to past practices, and the intentions
and actions of both parties. And imply a term that is necessary to make the contract effective.
Implied in law: Judges read these terms into contracts as a matter of legal duty they believe
should be imposed given the nature of the contract. Intention is not relevant.
