Re Chapter 10

: Q1, 15, 23, 27

1. Describe an agency relationship and explain the role of the parties. Why is it

important to understand the law of agency in business?

15. Distinguish among a sole proprietorship, a partnership, and a corporation.

17. If two people enter into a business together with the object of making money but

lose it instead, can the business still be a partnership?

23. Partners have fiduciary obligations to each other. Explain what this means and give

examples.

26. When a partnership is being dissolved, and does not have sufficient assets to pay

its debts, how is the responsibility for these debts distributed? How are the excess

assets distributed?

27. What must a person do in order to qualify as a limited partner? What happens when

a limited partner violates one of these qualifications?

...................................................................................................................

(see next page for Ch. 11's questions)

2

Re Chapter 11

: Q1, 2, 3, 15

1. What is meant by a corporation's having a separate legal identity?

2. Explain how the liability of a shareholder is limited.

3. Explain under what circumstances a court will "lift the corporate veil."

15. What is the significant difference between a bondholder and a preferred

shareholder, both of whom are entitled to a specified payment each year?

...................................................................................................................

Re Chapter 12:

Q2, 4, 8, 9, 11, 13, 14

2. Explain how a court will determine whether a person is an employee rather than an

independent contractor.

4. What is a restrictive covenant? What factors determine whether it is enforceable?

8. What risk does an employer face who ignores an employee's incompetence over a

period of time?

9. What is "constructive dismissal"? Be sure to explain it using a contractual

perspective.

11. Explain what is meant by "vicarious liability". Describe the limitations on its

application.

13. Explain how human rights legislation applies to hiring employees.

14. Explain what is meant by a "duty to accommodate" in the field of human rights and

how it can affect employers.

(see next page for questions on Ch.14)

3

Re Chapter 14

: Q2, 4, 7, 9, 15

2. What is a fixture? Under what circumstances can someone other than the owner of

the real property, such as a tenant, remove fixtures?

4. What is meant by a "fee simple estate" in land?

7. What is meant by an easement? Give examples, and explain why an easement is

referred to as a 'lesser interest in land".

9. What is meant by a restrictive covenant? Under what circumstances will such a

covenant be binding on subsequent landowners? How does this relate to a building

scheme?

15. Explain what is meant by a landlord's obligation to ensure a tenant's "quiet

enjoyment".

....................................................................................................................

Re Chapter 13

: Q2, 5, 8, 11, 14

2. Explain how a copyright is obtained and the qualifications that must be met in order to

obtain such protection.

5. Discuss under what circumstances an

Anton Piller order

would be given and indicate

how this remedy might be more valuable than other remedies that might be available.

8. What kinds of things are protected by trademark legislation, and how is that

protection obtained or lost?

11. Explain what constitutes "passing-off" and what course of action is available to the

victim.

14. How does the duty of confidentiality arise, and what protection or remedies are

available to the confider?