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

1. What are common, mutual, and unilateral mistakes?
19. Discuss the courts’ attitude toward the subsequent use of trade secrets acquired by a former employee.
18. What factors does a court consider when determining if a restrictive covenant in an employment contract is legal and enforceable?
17. What exception is there to the rule that an agreement is illegal if it purports to indemnify a person against the consequences of his own wrongdoing?
16. Explain how restrictive covenants play a role in the sale of an active business.
15. What kinds of business contract may have an element of wagering incidental to the main purpose of the transaction?
14. What quality must an insurance contract possess to prevent it from being a wager and therefore void?
13. What are “wagering” contracts, and are they legal? What government legislation should be considered when answering this question?
12. How can we tell whether the intention of the legislature is to make a certain type of agreement illegal as well as void?
11. Why may it be important to a party to a dispute to show that a void contract is not also illegal?
10. For what types of organization is a representative action important? Explain.
9. (a) When Jones was 17 years old, she took her stereo into the Mariposa Service Centre for an extensive repair job that cost$175. If she does not pay, can the Mariposa Service Centre sue her successfully?(b) After Jones becomes of age, she picks up the repaired stereo and does nothing to
8. What is the nature of the legal problem that adds to the uncertainty of an action against a trade union?
7. Under what circumstances may a contract voidable at the option of one of the parties cease to be voidable?
6. Give examples of persons of diminished contractual capacity.What special problems do such persons face when they want to deny responsibility under a contract?
5. What two types of minors’ contracts must be distinguished for the purpose of determining the liability of the minors after they become of age?
4. Are minors’ contracts for non-necessaries always voidable when the minors attain majority?
3. What obligation does a minor have when she repudiates a contract for non-necessary goods? Explain the policy reason for the rule.
2. What element is necessary for a contract of employment to bind a minor?
1. Is a minor bound to pay the agreed contract price for necessaries?Explain.
15. A supplier’s invoice for goods has the following common term printed on it: “Terms—Net price 30 days; 2 percent discount if paid within 10 days.” If the buyer pays the price less 2 percent within 10 days, can the supplier later sue successfully for the sum deducted?
14. What factual situations give rise to a presumption that parties intended to create a legally binding contract?
13. A firm of public accountants has for years been auditing the accounts of a charitable organization without charge. It now appears that the treasurer of the organization has absconded with a sizable amount of money and that an application of generally accepted auditing standards would have
12. Explain the nature of a seal and its legal importance in Canada.
11. How does quantum meruit differ from doing a friend a favour?
10. What question remains unresolved in the application of the concept of injurious reliance by the Canadian courts?
9. Explain the requirements necessary to successfully apply equitable estoppel.
8. Describe the differing points of view taken in “equitable estoppel”and “injurious reliance.”
7. Describe how one important defect in the consideration rules has been remedied by statute in five of the provinces.
6. In what ways might the common law rules about the need for consideration be unsatisfactory for business purposes in altering an existing contract? How can the defect be remedied?
5. Why is gratitude not a sufficient consideration to bind a promisor?
4. Describe the nature of consideration in an out-of-court settlement.
3. How “valuable” does consideration have to be to make a promise binding? When might a court review the value of consideration?
2. How might the above situation apply to a promise of a charitable donation?
1. Describe how a promise may become binding although the promisor receives no benefit herself.
18. May a person withdraw a bid he makes at an auction sale before the fall of the hammer?
17. Is it true that an acceptance must be communicated before a contract can be formed?
16. Give an example of circumstances in which the rule “An offer must be communicated before it can be accepted” would operate.
15. What is the effect of an agreement in which the parties state that certain terms will be discussed and agreed upon at a later date?
14. Did the Carlill case concern a unilateral or a bilateral contract?
13. Explain the difference between unilateral and bilateral contracts.
12. Should the same offer and acceptance rules apply to the sending of responses by fax or email? Why?
11. Explain the different rules that apply to offer and acceptance when, rather than using the postal system, the parties communicate by telephone.
10. Can acceptance be effective from the moment a letter of acceptance is mailed even when the offer was not itself made through the mail?
9. What does it mean to “invite tenders”? When is a contract normally created in the tendering process?
8. What does it mean to “purchase an option”?
7. What elements are required for an acceptance to be effective?
6. “We cannot be obligated by people who do work for us without our knowledge.” Why?
5. What is the legal effect of a counter-offer?
4. Describe the ways in which an offer may come to an end.
3. Explain the importance of notice of terms in a standard form contract. To what extent does the law protect the interest of the public in standard form contracts?
2. What is a standard form contract? Describe the different ways in which it may be accepted.
1. Distinguish an offer from a promise.
15. What are the potential advantages and possible disadvantages of multi-disciplinary partnerships?
14. Should professional bodies be allowed to discipline their members, or should discipline be left to the courts?
13. What are the main responsibilities imposed or assumed by professional bodies?
12. What is the essence of causation in most professional–client relationships?
11. What are the objections to a “hindsight” approach in determining the appropriate standard of professional care?
10. When will a professional be liable for an omission?
9. What must a plaintiff prove to establish negligent misrepresentation?
8. How does a fiduciary duty differ from the duty of care owed in negligent misrepresentation?
7. What is the test now applied in Canada to determine whether a professional owes a duty of care to a person for a negligent misstatement?
6. How did the decision in Hedley Byrne v Heller & Partners address the issue in Question 5?
5. Why were the courts initially reluctant to recognize liability for negligent misstatements to persons who are not clients?
4. Can a client choose to sue a professional adviser in either contract or tort? What factors will influence the decision?
3. What is the nature of the fiduciary duty owed by a professional?In what way can that duty be wider than a contractual duty?
2. What is the main effect of increased use of liability insurance?
1. What are the arguments in favour of imposing a wide liability on professionals?
20. What is an injunction?
19. What are “punitive damages”? Should they be awarded in tort actions?
18. What are the requirements for establishing that the tort of unlawful interference with economic interests has been committed?
17. Describe the difference between fair comment and responsible communication on matters of public interest.
16. Distinguish between libel and slander. What is meant by“privilege” in the context of defamation?
15. What constitutes false imprisonment?
14. What is the difference between a public and a private nuisance?
13. What is the test in most Canadian provinces for establishing the liability of occupiers for injury to lawful visitors? Are trespassers treated differently?
12. When is a manufacturer under a duty to warn?
11. Is it relevant in a tort action that the injured party has taken out insurance against the loss sustained?
10. Should an injured party be able to recover damages despite the fact that her own conduct was negligent and contributed to the injury?
9. What is meant by “economic loss”?
8. Is the “but for” test an appropriate way of determining causation?
7. How do the courts determine the appropriate standard of care to be expected of a defendant?
6. What must a plaintiff prove in order to succeed in a negligence action?
5. What is the main justification for the principle of vicarious liability?
4. Who should bear the loss resulting from an automobile accident?What are the alternatives?
3. What is meant by “strict liability”? Should liability ever be“strict”?
2. What is the principal purpose of tort law?
1. What is the origin of the word “tort,” and what does it mean?
12. What is the purpose of environmental impact assessment review?
11. Why is the determination of the relevant market essential to the application of competition law?
10. Why are horizontal mergers more likely to affect competition than other types of mergers?
9. Why is it thought necessary for governments to control mergers?
8. Give examples of the principal types of abuse of dominant position.
7. How does a court determine if competition has been unduly lessened?
6. What is a conspiracy? How does the Competition Act categorize conspiracies?
5. What are the principal forms of misleading advertising that are prohibited by the Competition Act, and what are the consequences?
4. What changes to the business environment strengthened the need for consumer protection legislation?
3. Which provisions of the Charter have particular application to business activity?
2. How does the Constitution divide the power to regulate business among the various levels of government in Canada?
1. What strategies are available to business to avoid the application of government regulation?

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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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