The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

• What constitutes an infringement of intellectual property?
• What types of intellectual property are protected by law?
• How is intellectual property acquired?
• What is “intellectual property”?
• What new rules apply to the electronic transfer of funds?
• Are consumer bills and notes treated differently?
• What defences are available to the parties?
• What is the liability of various parties to a negotiable instrument?
• What are the methods, purposes, and consequences of endorsement?
• What is meant by negotiability?
• What are negotiable instruments?
• How are banks regulated?
• What is a bank?
• What is the legal status of trade unions?
• What are the implications of a collective agreement for the individual employee?
• How are employment conditions affected by workers’compensation and occupational health regulations?
• How is mandatory retirement affected by the Canadian Charter of Rights and Freedoms?
• What are the consequences of regulation on general working conditions?
• What are the effects of human rights requirements, and pay and employment equity statutes?
• What is “wrongful dismissal,” and what are its consequences?
• What are the grounds for dismissal “with cause”?
• What is the difference between an employer’s liability in contract and in tort?
• What are the rights and liabilities of a guarantor?
• How may a guarantee be discharged?
• What is the legal nature of a guarantee?
• What are the special characteristics of insurance contracts?
• What types of insurance protect against liability or loss in the operation of a business?
• What role does insurance play in risk management?
• What is the nature of the contract of insurance?
• What are the respective rights of the lessor and the lessee?
• What are the terms that are commonly found in leasing contracts?
• Why are leasing contracts used, and why have they become so important?
• What are the principal types of chattel lease?
• What are the rights and duties of the parties to a contract of bailment?
• What are the principal types of bailment contract?
• What is the legal nature of bailment?
• What additional remedies are available to a consumer?
• What additional terms are implied into a consumer contract?
• What pressure sales tactics are regulated?
• What is a consumer contract?
• What are the remedies available to buyers and sellers?
• To what extent is the seller liable for defective or unsatisfactory goods?
• How is the ownership of goods transferred?
• What are the terms that it implies into a contract of sale?
• What does the Sale of Goods Act do?
• How is a judgment enforced?
• When does a non-breaching party qualify for an equitable remedy?
• How are damages measured?
• What types of remedies are available to a non-breaching party?
• How do exemption clauses affect a non-breaching party’s rights?
• How serious must the breach be to trigger various options?
• What options are available to a non-breaching party when the other party○ expressly repudiates the contract,○ simply fails to perform at the agreed time, or○ makes it impossible for itself to perform?
• What is meant by “discharge by operation of law”?
• What special problems arise from frustration as it applies to the sale of goods?
• How have statutory reforms dealt with these problems?
• What are the shortcomings of common law rules in their ability to deal with frustration?
• How might a contract provide for its own termination?
• What are the various ways in which a contract may be discharged by agreement?
• What is “tender of performance,” and what are its requirements and consequences?
• What are negotiable instruments, and why are they important in business?
• How may contractual rights be transferred to an outsider, and what are the consequences?
• In what other circumstances or special types of contracts do outsiders have the right to enforce a contract?
• How are trusts used to create rights for an outsider to a contract?
• What are the legal consequences of an outsider performing a party’s obligations under a contract?
• Who can enforce the obligations described in a contract?
• Do consumers receive extra protection?
• What remedy is available to the victim of undue influence or duress?
• What are the legal consequences of a contractual misrepresentation?
• What is misrepresentation in contract, as opposed to tort?
• What are the legal consequences of a mistake○ about the meaning of the words?○ about the existence or qualities of the subject matter?○ about the identity of the parties?
• What are common, mutual, and unilateral mistakes?
• Why is it essential that parties intend their promises to be legally binding, and how is intention established?
• What other ways are there to make a promise binding?
• What is equitable estoppel?
• How do we distinguish promises with consideration from gratuitous promises? from motive for making a promise? from an existing legal duty to perform?
• What is the nature of consideration?
• What is the difference between unilateral and bilateral contracts?
• How does an offer come to an end?
• Why are standard form contracts used? What are their benefits and dangers?
• How do we determine the terms of a contract?
• How is a contract formed?
• Why is a contract enforceable in law?
• What extra legal challenges are presented when different professionals practise together in one firm?
• How do professional organizations influence standards for professional conduct?
• How does a plaintiff prove negligent misrepresentation?
• When are professionals in fiduciary relationships?
• How do the obligations differ when they derive from contract? A fiduciary relationship? Tort law?
• What are the special duties owed by professionals to their clients and others?
• What remedies are available to tort victims?
• How does the law of negligence apply to particular situations, such as the liability of manufacturers and of the owners or occupiers of land?
• What constitutes “negligence”?
• What are intentional torts?
What is the basis for tort liability?
• How is legislative policy implemented?
• What is a class action?
• What alternative methods of resolving disputes are available?
• What costs are associated with going to court, and who pays them?
• What are the procedures for using the courts and making out-of-court settlements?
• How are the systems of courts organized?
• How does the theory of precedent balance the need for both certainty and flexibility?

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The Law And Business Administration In Canada 15th Edition J.E. Smyth, Dan Soberman, Alex Easson, Shelley McGill - Solutions

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