Questions and Answers of Business Law Legal Environment

This document has no legal standing, but it serves as a model for the design of provincial legislation so that similar statutes will be in place throughout Canada.
What standard will a Canadian court apply to determine whether they have jurisdiction in a dispute involving the internet?
Explain the unique problems associated with the formation of contracts over the internet and what federal and provincial governments have done to respond to these issues.
What is the main problem with establishing effective regulation of the internet?
Which of the following is not an international agreement treaty of convention to which Canada is a party?a. NAFTAb. WTOc. GAATd. CBSAe. Bern Convention
What sorts of opportunities does the internet provide for losing control over personal information?
How can a consumer ensure that they get what you pay for over the internet?
Which of the following is not an important term to include in a contract concerning a transaction to be completed in a different country?a. Specify what law will applyb. Specify what courts will have
Wayne Crookes is a B.C. business person who is claiming he was defamed on the internet. He has named several specific individuals who were the actual defamers but also is suing Yahoo, MySpace,
Try drafting your own standard-form contract for a business selling a product over the internet. Think about the elements that must be present for such a contract to be binding including how the
Explain why internet defamation has become a greater potential problem compared to ordinary written or spoken defamation. What other torts can be committed on the internet?
How can you avoid being sued for defamation made over the internet?
Which of the following is correct with respect to the enforcement of foreign judgments in Canada?a. They can effectively be ignored unless you have assets in that foreign jurisdiction.b. No foreign
The Russian applicant agreed to purchase 8500 pigs from Donaldson but a dispute arose with respect to the health of the pigs and the matter went to arbitration in Russia as per the contract
Can we depend on international treaties to regulate and control electronic and global commerce? What role should world trade organizations play in encouraging and regulating international
What is the danger of ignoring an action brought in a foreign jurisdiction?
Explain what is meant by cyber-squatting and what attempts have been made to overcome the problem.
Which of the following is incorrect with respect to the legal aspects of the internet?a. Current law is not sufficient to regulate the internet effectively.b. The greatest problems are caused by
Martha Corlett was a citizen of Canada and William Hoelker a citizen of the U.S. Before they were married the parties purchased a condominium in Vancouver. During their relationship they resided in
There is always pressure on the various governments involved to renegotiate NAFTA with an eye to protecting their own interests, such as by insulating local industries from outside competition. What
What must be demonstrated for a Canadian court to hear an action in a dispute involving an online transaction?
Explain why it might be dangerous not to respond to an action brought against your business in a foreign jurisdiction where your company has no assets.
Which of the following would not be an appropriate method to resolve a dispute arising from a transaction between your company and a customer in another country?a. A court in your own jurisdiction
Easthaven Ltd. was a company registered in Barbados with a head office in that country. It registered the domain name of “Sweetsuccess.com” in order to further an internet sports related
A business person who is focused on the bottom line may overlook the social impact his or her business activities have on people, particularly if they occur in a foreign country. When financial
Explain the problems with jurisdiction that arise in internet business transactions.
Explain how to best insure that your internet site does not violate the laws of various jurisdictions where it is seen.
Which one of the following is not an important factor the courts would take into consideration in determining whether they have jurisdiction to try a case?a. The jurisdiction where the defendant
Two alienated brothers operated independent businesses dealing with safety products. One (Brother A) operated through Dentec Safety Specialists Inc. and used a domain name web site Dentecsafety.com.
One of the great advantages of the internet, and one of the reasons for its tremendous growth in recent years, has been its freedom from controls and regulation. It has been a little like the Wild
How has the internet changed the nature of doing business?
What steps should be taken to ensure that the employees don’t become involved in such inappropriate activities in the first place?
Explain how a business can ensure that their employees are not involved in any illegal or other inappropriate activity with respect to computers, the internet, and voice mail.
How can a business best protect their communicated information from inadvertent disclosure or intentional interception?
Explain why digitally stored information is particularly vulnerable to loss or disclosure. How can that information best be secured from intentional or inadvertent loss?
What qualifications must an invention meet in order to qualify for patent protection? What will not qualify?
What is the most effective way to ensure security of digital information and internet communications?
York University claimed that several anonymous authors had published a number of libelous emails and web postings. This action was brought against Bell and Rogers for an order requiring them to
Explain what a patent protects, how patent protection is obtained and how long that patent protection lasts.
What is the period of protection associated with patent law?
Which of the following is correct with respect Canadian Legislation?a. The Uniform Electronic Commerce Act (UECA) is binding federal legislation giving validity to electronic documents and
Décarie Motors Inc. operated a business selling automobiles on or near Décarie Boulevard in the City of Montreal. They applied for and obtained the registration of the trademark “Décarie
What qualifications must be met for a work to qualify for copyright protection?
What kinds of things are protected as industrial designs?
Which of the following is false with regard to industrial design?a. A person who creates a unique shape of a manufactured article can protect his design by registering it under the industrial design
The defendants operated a store in the Vancouver area that carried a line of handbags and other products all of which were copies of the famous Hermes brand. The term Hermes didn’t appear on any of
What federal statute protects computer software?
Distinguish between a trademark action and a passing off action.
Aunt Juliet wants to know whether or not to register her trademark. Which of the following is false with regard to registration of trademarks?a. Registration of the trademark would give her exclusive
James Halford was a university-trained farmer who invented a device for putting seeds and fertilizer into the ground in one operation. It was a relatively simple device but he was granted a patent
Consider the introduction of privacy laws at both the federal and provincial levels and the restrictions and controls this imposes on business. Does this place an unreasonable burden on business? How
Who is entitled to patent and copyright protection when an employee or consultant develops the material?
Which of the following is true with regard to trade mark infringement and the remedies of the trade mark owner?a. Once a trade mark is registered the owner of the trade mark cannot lose the right to
In 1995 Heather Robinson, a freelance journalist, wrote two articles for the Globe and Mail. The Globe and Mail republished the articles, including them on CD-ROMs as essentially an archived record
The AIDS epidemic is just one of the catastrophic health problems that illustrate the disparity between medical advances and the costs that make them inaccessible to those who need them. Today, steps
What is protected under copyright law? How is that protection obtained and how long does it last? Include a discussion of the recent amendments to the Copyright Act.
Indicate four remedies that may be available to the victim of the breach of copyright.
Which of the following is false with regard to the law governing patents?a. A patent will not be granted if the invention has been the subject of a publication over one year prior to the
Tonya Maracle was a Mohawk artist who produced several small, unique wood pieces called dream catchers (a striking circular piece constructed of interwoven twigs and other material). A representative
Explain what is meant by moral rights under copyright law.
Tom, a classmate of yours at U. of T., was employed as a programmer by Mohawk Oil Company about three months after graduation. Because you could understand the program he was working on and because
Distinguish between a bond and insurance. Explain the difference between a fidelity bond and a surety bond.
Distinguish between liability, property, and life insurance. Explain the difference between whole life and term insurance, indicating why life insurance might be important for a business or for
Explain the nature of the insurance policy, a rider, an endorsement and reinsurance. Summarize the different types of insurance that are available to businesses.
Explain what is meant by an insurable interest, and distinguish between an insurance agent and a broker.
Who can be charged with an offense under the Canadian Environmental Protection Act?
Explain the role of enforcement officers appointed under the Canadian Environmental Protection Act and how they can interact with business.
Explain the role of the Canadian Environmental Protection Act and how its objectives are realized.
How does federal legislation with respect to the environment become important for landowners and business people?
Explain the landlord’s obligations with respect to services provided during the term of the tenancy. What can a landlord do when a tenant defaults in a residential tenancy?
Explain the nature of a security deposit and any restrictions on how much can be taken and what it can be used for.
How do most residential tenancy statutes modify the obligations of the parties to make repairs to the premises? Explain how the rights of the landlord to enter residential premises have been
Summarize landlord’s and tenant’s obligations with respect to commercial tenancies and the effect of lease terms on those obligations. Indicate the amount of notice that must be given by the
Distinguish between intellectual property and other kinds of property, and explain which courts have jurisdiction with respect to intellectual property disputes.
Explain what is meant by riparian rights.
Which level of government, federal or provincial, has the power to pass legislation dealing with the environment?
The main concern about environmental legislation from a business point of view is?a. The costs of complianceb. The government regulatory red tapec. The need to comply with environmental impact
People living on rivers in Canada are entitled to have the water to come to them in undiminished quality and quantity. This is an expression of what kind of rights?a. Natural law.b. Environmental
Explain what is meant by a lease and distinguish the lease from other types of interests in land. What is meant by a periodic lease and how is it ended?
Describe an equity of redemption, foreclosure, and the redemption period. Why are they important to mortgage transactions?
Explain what is meant by adverse possession and prescription, and the role these principles play in a land titles and land registry jurisdiction.
Compare a joint tenancy and a tenancy in common, and explain severance and its effect on such tenancies.
A husband and wife own lot A as joint tenants and lot B as tenants-in-common. The husband's will reads: “I leave lot A to my son John and Lot B to my daughter Mary”. Who takes what when the
Joe owned property against which he had given a first mortgage to Sam for $100,000.00 and a second mortgage to Harry for $75,000.00. Because of a slump in the market, the value of the property was
Explain what is meant by the equity of redemption in a mortgage transaction.
Which of the following is false with regard to interests less than estates?a. A valid easement is an interest less than an estate and can run with the land; that is, it can bind subsequent purchasers
Distinguish between the effects of registration in a land registry and a land titles jurisdiction, and explain why registration of interests in land is important. How does a mortgage affect the title
Indicate what residential rent control regulations are in place in your jurisdiction.
Which one the following is false with regard to real-property law?a. Property includes not only the land but also the buildings attached to it.b. The "fee simple" interest in land is the greatest
Explain the nature of a mortgage and how it is used to secure a loan. Identify the parties to the mortgage.
Explain what is meant by a landlord’s obligation to provide quiet enjoyment.
Below are the mortgages registered against Bingo’s berry farm when it defaulted, and the amounts owed on each: first - in favour of Canada Trust for $100,000 second - in favour of Kits Credit Union
What is the main difference in the effect of a registration of a certificate under certificate of title jurisdiction such as British Columbia as compared to a title registration system in other parts
Which of the following is false with regard to real property law?a. A registered interest less than an estate, e.g. a right of way, binds the parties to the contract and also binds the subsequent
Brute Manufacturing Ltd. operated a manufacturing business and was under the supervision of the Companies’ Creditors Arrangement Act. With the court’s approval they sold certain heavy equipment
Distinguish between an easement, a right of way, a restrictive covenant, and a building scheme.
Distinguish between a tenancy in common and a joint tenancy.
Mr. Dhingra had a substantial life insurance policy when his wife, who was the beneficiary of the policy, murdered him. Do you think she should be allowed to collect? What if she was found not
What is the nature of a life estate? Who is entitled to the reversion and what obligations are imposed on the holder?
Distinguish between an easement and a right of way.

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