IDRL 320 Final EXAM |COMPLETE AND DETAILED
QUESTIONS AND ANSWERS | REAL EXAM QNA | 2025
LATEST UPDATED 100% RATED CORRECT | 100% VERFIED |
ALREADY GRADED A+|GUARANTEED TO PASS!!
What constitutes misrepresentation in the recruitment and hiring process? - (ANSWER)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? - (ANSWER)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? - (ANSWER)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? -
(ANSWER)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? - (ANSWER)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? - (ANSWER)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? - (ANSWER)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.
, What are the implied terms that regulate the conduct of employers and employees? -
(ANSWER)Employers: Provide reasonable notice, a reasonably safe worksite, agreed upon work
+ remuneration, treat employees with decency, civility and respect, act in good faith in manner of
dismissal
Employees: Act in good faith and fidelity, provide resignation notice, Duty to obey lawful orders,
perform work safely + competently
Why are employment contracts considered ambiguous, and how has common law evolved to
address the ambiguity? - (ANSWER)Contract terms are often left ambigous to provide for
flexibility so the term can be used to address as many issues as possible. Common law has
evolved from its master/servant roots as it has began considering the power imbalance when
making decisions. Judges will interpret terms in favour of the party that did not write the
contract, which is the employee.
What is the parole evidence rule? - (ANSWER)Judges will not consider evidence that attempts to
contradict a clear and unambiguous term. Judges will only allow evidence regarding a term that
is ambiguous (what was said during negotiations and how the term has been applied in the past).
How are contemporary implied obligations similar to historical common law obligations? How
are they different? - (ANSWER)Historical common law was limited to those in equal classes and
they are rooted in the master servant laws which pre date historical common law. This created a
relationship of subordination, in which employers had close to absolute authority over workers.
Contemporary implied common law obligations are similar in the sense that a duty to obey and
act in good faith and fidelity ensures the relationship is still one of subordination.
The difference is that common law is no longer restricted to those of the same class, judges
evolve with society and given the discretion they have over implied terms, these terms evolve
with societal views as well.
QUESTIONS AND ANSWERS | REAL EXAM QNA | 2025
LATEST UPDATED 100% RATED CORRECT | 100% VERFIED |
ALREADY GRADED A+|GUARANTEED TO PASS!!
What constitutes misrepresentation in the recruitment and hiring process? - (ANSWER)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? - (ANSWER)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? - (ANSWER)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? -
(ANSWER)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? - (ANSWER)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? - (ANSWER)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? - (ANSWER)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.
, What are the implied terms that regulate the conduct of employers and employees? -
(ANSWER)Employers: Provide reasonable notice, a reasonably safe worksite, agreed upon work
+ remuneration, treat employees with decency, civility and respect, act in good faith in manner of
dismissal
Employees: Act in good faith and fidelity, provide resignation notice, Duty to obey lawful orders,
perform work safely + competently
Why are employment contracts considered ambiguous, and how has common law evolved to
address the ambiguity? - (ANSWER)Contract terms are often left ambigous to provide for
flexibility so the term can be used to address as many issues as possible. Common law has
evolved from its master/servant roots as it has began considering the power imbalance when
making decisions. Judges will interpret terms in favour of the party that did not write the
contract, which is the employee.
What is the parole evidence rule? - (ANSWER)Judges will not consider evidence that attempts to
contradict a clear and unambiguous term. Judges will only allow evidence regarding a term that
is ambiguous (what was said during negotiations and how the term has been applied in the past).
How are contemporary implied obligations similar to historical common law obligations? How
are they different? - (ANSWER)Historical common law was limited to those in equal classes and
they are rooted in the master servant laws which pre date historical common law. This created a
relationship of subordination, in which employers had close to absolute authority over workers.
Contemporary implied common law obligations are similar in the sense that a duty to obey and
act in good faith and fidelity ensures the relationship is still one of subordination.
The difference is that common law is no longer restricted to those of the same class, judges
evolve with society and given the discretion they have over implied terms, these terms evolve
with societal views as well.
