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

17. What is the main difference between the registry system of registration and the land titles system?
16. What is expropriation, and how does it take place?
15. For decades, each winter Timson has openly entered the fields of an uninhabited farm adjoining his home and cross-country skied several times a week. He knows the Abel family who used to farm there, but they have moved to a town 25 kilometres away. The Abels have just sold the farm to Belsen,
14. Distinguish between a restrictive covenant in a grant, a building-scheme covenant, and a zoning bylaw.
13. Describe the three typical characteristics of oil, gas, and mineral leases.
12. Distinguish between the circumstances under which an easement may be obtained by prescription and a title may be extinguished by adverse possession.
11. What are the reasons for limitation periods generally? How do they apply to land?
10. In cooperative housing, who owns the property?
9. What is the special nature of insurance for a high-rise condominium building?
8. Describe the two elements of ownership in a condominium and how they affect responsibility for maintenance.
7. What are the principal differences between joint tenancy and tenancy in common?
6. What is the difference between Aboriginal title and Aboriginal rights?
5. Describe the nature of the interest a spouse has in the family home. How did this interest evolve?
4. How does the existence of a life estate make selling land difficult?
3. Describe the two main classifications of interests in land.Distinguish between freehold and leasehold estates.
2. What factors have encouraged the growth of public regulation of land use?
1. Define the terms “title,” “real,” “land,” “property,” and “estate.”
17. In what circumstances should a business owner require a confidentiality agreement?
16. What is meant by an “industrial design”?
15. Why might an inventor choose not to register a patent?
14. What qualities must an invention have in order to be patented?
13. What constitutes “fair dealing” in relation to copyright?
12. In what ways may a person become an owner of copyright?
11. For how long does copyright usually last?
10. Does copyright exist in computer software?
9. In relation to copyright, what are “moral rights”?
8. What are the principal rights possessed by an owner of copyright?
7. On what grounds may the registration of a trademark be opposed?
6. What is a “certification mark”?
5. Are there any advantages to be gained in registering a trademark?
4. What are the essential elements of the tort of passing off?
3. What is a “trademark”?
2. What are the principal costs and benefits of protecting intellectual property?
1. What types of intellectual property are protected by law?
15. Wilma purchased a used minivan, including a three-month warranty on parts and labour, from Xenon Used Cars Inc. for $10 000. She paid $1500 down and signed a promissory note for$8500, payable in monthly installments of $285 for three years. If any payment is missed by Wilma, the entire sum will
14. The endorsements appearing on the back of each of three negotiable instruments are reproduced below. An asterisk following a name indicates an actual signature. Identify each of the endorsements by type, and explain its effect for the parties concerned:1. Pay to John Factor, Without Recourse
13. Gower has drawn a time draft on Cohen payable three months after sight to Jenkins. The draft is complete and regular, with the possible exception of a clause that Cohen, the drawee, is “to pay the amount of this draft out of money due me on December 31 for professional services rendered.”
12. You are the maker of a note in which you undertake to pay $500 to a moneylender on demand. Subsequently you pay an installment of $200 to the moneylender on this liability. What steps should you take to ensure you will not have to pay a further$500 at some later time?
11. Describe the requirements for a party to be considered a holder in due course.
10. W delivers a cheque for $1000 in payment of a debt owed to X. X endorses the cheque to Y’s Secondhand Shop to purchase a television set. Y endorses the cheque to her landlord, Z, in part payment of her monthly rent. When Z takes the cheque to his bank, the teller recognizes W’s signature
9. J delivers a cheque for $500 in payment for a secondhand computer purchased from K. K inadvertently leaves the cheque on a restaurant table. Q picks it up from the table, forges K’s name, and cashes the cheque at the L Bank. K reports the loss of the cheque to J, who immediately informs her
8. Explain the significance of a party transferring a negotiable instrument endorsed “without recourse.” When is this type of endorsement used?
7. Describe the difference between a “bearer” instrument and an“order” instrument.
6. Donna draws a cheque payable to Edgar for “a maximum of$1000 for carpentry work.” Edgar completes the work while Donna is out of town and takes the cheque to his bank to cash it.The bank refuses on the grounds that it is not a valid cheque. Is the bank correct? Explain.
5. Describe the three qualities of negotiable instruments that distinguish them from ordinary assignments. How do these qualities make them commercially useful?
4. Describe differences between demand drafts, sight drafts, and time drafts in commercial practice.
3. What types of negotiable instruments are governed by the Bills of Exchange Act?
2. Describe the changing way in which banks are processing cheques.
1. Discuss the differences between banks and other financial institutions.
17. Quality Meat Packers Ltd. has major factories and warehouses from coast to coast. How does this fact complicate the company’s collective bargaining with its employees?
16. Collective agreements have been described by some commentators as being more like legislation for individual workers. Explain.
15. What is the difference between a jurisdictional dispute and an interest dispute?
14. In certain provinces and in federal jurisdiction, what happens when the parties do not succeed in making a deal for their first collective agreement?
13. Describe some of the main elements in a collective agreement.
12. Under workers’ compensation legislation, who pays compensation to an injured employee? How are the funds raised?
11. Describe briefly the benefits of and problems with compulsory retirement.
10. Describe factors relevant to an employer’s obligation to accommodate a disabled employee.
9. Why is it not effective to define pay equity solely in terms of the market value of comparable jobs?
8. When is reinstatement an unlikely remedy for wrongful dismissal?
7. What are the main factors to be taken into account when assessing damages for wrongful dismissal?
6. On what grounds is a business justified in dismissing its employees without notice?
5. Norman is hired as a waiter in a restaurant at a summer resort without any discussion about the length of his employment contract. He receives a weekly paycheque. He is let go without notice at the end of the summer. Explain whether he has been wrongfully dismissed.
4. After earning his B. Comm. degree, Bruce was hired as a junior accountant by Cargo Wholesale Inc. He received favourable assessment letters and salary increases after year one and year two. At the end of his third year, he received his final paycheque with a letter stating that he was dismissed
3. Give an example of circumstances where an employee commits a tort, but his employer is not liable. What element is necessary to make the employer liable?
2. How does an independent contractor differ from an employee?From a dependent contractor?
1. Briefly describe two employees, each of whom has varying degrees of responsibility as agent.
18. What are the principal additional protections given to franchisees by the Alberta, Ontario, PEI, and New Brunswick legislation?
17. Is the relationship between franchisor and franchisee a fiduciary relationship?
16. What is the relationship between a franchisor and the eventual customer of the franchisee?
15. What restrictions are usually placed on a franchisee carrying on other business activities?
14. Distinguish between a franchise and a licence.
13. What is meant by “breach of warranty of authority”?
12. Can an undisclosed principal enforce a contract made on her behalf?
11. In what circumstances may an agent be held liable on a contract that he has negotiated?
10. Why should an agent not act for both parties to a transaction?What are the probable legal consequences of doing so?
9. Is an agent entitled to delegate her duties to some other person?
8. What is meant by “holding out”?
7. How does an agent acquire apparent authority?
6. How does an agent acquire actual authority?
5. What are the limits of ratification by a principal?
4. What is the effect when a principal ratifies a contract made on its behalf by an agent who lacked the authority to enter into the contract?
3. What is a power of attorney?
2. Is a “real estate agent” a true agent?
1. Distinguish between dependent agents and independent agents.
15. Does a contract of guarantee have to be in writing?
14. How may a guarantee be discharged?
13. What normally constitutes the consideration for a guarantee?
12. To whom does a guarantor give her promise?
11. In what business circumstances are guarantees commonly required and given?
10. What is “subrogation”?
9. Can an insurance policy be assigned to a third person?
8. Is it necessary for an insured to notify the insurer of changes of circumstance that occur after the policy enters into force?
7. What is the legal position where an insured fails to renew an insurance policy by the due date?
6. Does a shareholder have an insurable interest in the property of his corporation?
5. What is meant by an “insurable interest”?
4. What are the advantages and disadvantages of “comprehensive”insurance?
3. What are the principal types of insurance that a business is likely to need?
2. Distinguish between an insurance agent and an insurance broker.
1. What are the two principal types of “legal risk” that a business may insure against?
18. What is meant by a “pledge”?

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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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