SOLUTIONS
After how many months can the inventor sue after filing?
Correct Answers 18 months after filing
Answer the follow definitions for each terms:
Litigation:
Plaintiff:
Defendant:
Appellant:
Respondent:
Privity of Contract:
Creditor:
Debtor:
Indemnification: Correct Answers 1. A Lawsuit
2. Party bringing in the action or making the claim in the lawsuit
3. Party defending the action or party against whom claim has
been made
4. Party appealing the decision of a lower court
5. Party seeking to uphold a decision of the lower court that is
being appealed
6. Legal relationship b/w parties to a contract
7. Party to whom an amount is owing
8. Party that owes money to a creditor
9. A promise to directly compensate or reimburse another party
for a loss or cost incurred-> a legal way of getting someone to
pay for the damages
Are decisions made by arbitration binding? Correct Answers
Yes, it is binding.
,Are rectification contracts fixable? Correct Answers Yes,
mistake can usually be fixed by applying through court and both
parties believe the same misunderstanding/mistake about the
contract
Based on previous question, what are the two exceptions to
consider? Correct Answers 1. If a person is in lawful
possession of a copy of a computer program, then it is not
considered infringement. That person can modify, adapt, or
convert a reproduction of the copy into another program to suit
that person's needs
2. Person is in lawful possession of a computer program and
may make a backup and is only destroyed when owner ceases
the right to the original copy
Can a friend request to sign and seal their work? Correct
Answers No
Can a mediator issue a binding decision when dispute has been
resolved? Correct Answers No.
Can an employee sue their employer or another employee if
injured at work? Correct Answers No, injured employee cannot
sue as they are covered by Workers compensation act regardless
of fault
Can letter of intent be a binding contract? Correct Answers
Yes, courts will often view the letter of intent as a binding
contract if not replaced with a formal contract.
,Can parol evidence rule always be valid? Correct Answers No,
there can be exceptions. Occasionally courts will consider oral
evidence when the contract is condition to a certain event
occurring (Pym v. Campbell care for example)
Can violation of Ontario Human Rights code result in
disciplinary action? Correct Answers Yes as it under regulation
941/90 section 72 (professional misconduct)
Difference b/w Canadian & American License? Correct
Answers Canada is self regulating -> Associations regulate
rules and mandates
America is not self regulating -> govt establishes regulations
Does iron ring imply individual has legal acceptance or
qualification as an engineer? Correct Answers No
Does Ontario Permit advertising? Correct Answers Yes,
provided it is done in a professional and dignified manner
Does tort involve a contract? Correct Answers Not always
required, liability and duty of care is implied
Does unconscious void the contract completely? Correct
Answers No, only the unconscionable portion will be voided
and other parts will stand
Explain Theory of Precedent Correct Answers Courts apply
legal principles based on previous court decision that had similar
court cases
, How do you prove negligence? Correct Answers "Things speak
to itself" meaning court would not want precise evidence to
prove negligence. It will be self-explanatory and with common
sense
How does Code of Ethics govern the professional's behaviour?
Correct Answers - Health, Safety, and Welfare of the public is
taken important
- Competence & Knowledge - refuse unfamiliar work
- Act with integrity, Honesty, Fairness & Objectivity
- Know and comply with statues, regulations, and bylaws
- Enhance honesty, dignity, reputation of the profession
How is construction lien mandated? Correct Answers
Mandated by legislation and often called Statutory Holdback
How is industrial designs protected and how long? Correct
Answers Industrial Design Act - Designs that are ornamental or
aesthetic are protected under the Act.
Limited for 10 yrs
How is the labor law governed and what does it involve?
Correct Answers It is mostly governed by the provincial
legislation and involves;
1. The union-management relationship
2. The union-employee relationship
How is the privacy legislation governed? Correct Answers
Privacy legislation involves both provincial legislation and
federal legislation.