Questions and Answers of Canadian Business And The Law

Bravo Limited and Good Enough Inc. (GEI) agreed that Bravo would purchase a large amount of surplus construction materials from GEI. The contract of sale, signed by both parties, stated that “the
Why do we need statutory rules to determine the point at which ownership of goods transfers from seller to buyer? Why not simply rely on the express terms of the contract of sale?
Does the Sale of Goods Act apply to a meal served at a sit-down restaurant?
Should parties to a business transaction for the sale of goods be allowed to exclude or modify the terms implied by the Sale of Goods Act?
How does the law distinguish between a contract for the sale of goods and one for the supply of services?
FahidSafdir purchased a laptop from Pro Comp Industries Inc.’s online store for business use. After taking delivery, he discovered that the laptop had been preloaded with an adware program called
When should a business exclude or modify the contractual terms that are implied by the Sale of Goods Act?
What is the purpose of sale of goods legislation?
Ace Manufacturing Ltd agreed to manufacture and sell 5000 chairs to a convention centre. The contract contained detailed specifications for the chairs, and provided that the purchase price of $200000
How did sale of good legislation originate?
Best Movers Inc. operates a moving company and was hired by Mrs. Mursal to move her furnishings into an apartment in downtown Regina. While moving the furniture into the suite, John Best, the owner
Should the Sale of Goods Act apply to private sales such as a private individual selling their car?
What is the general law that applies to the sale of goods?
Are oral contracts enforceable?
Office romances are exceedingly common. The long hours that co-workers often spend together coupled with minimal social contact outside the job can create the ideal conditions for love to flourish.
An employee of Coca-Cola Co., was convicted of conspiracy to steal and sell Coca-Cola’s trade secrets. The employee, an executive assistant to a high-level Coca-Cola executive at the company’s
Assume that Trackers has signed a contract to deliver tracking to Coasters for $2 million in two equal installments. After Trackers has delivered the first installment, another business contacts
What is a pre-existing legal duty?
ABC Ltd. owned a shopping mall whose main tenant, Drugstore World, agreed to relocate to a competing mall owned by XYZ Ltd. Drugstore World consented to do so because of generous inducements offered
How can a business avoid having terms implied into a contract?
What issues should a business consider before deciding to proceed with a legal dispute rather than abandon it?
What factors will determine whether a contract will be the result of lengthy negotiations or will be easily and quickly concluded?
How does ecommerce benefit from a standardized set of legislative rules?
What is a standard form contract?
What is the purpose of placing a seal on a document?
Mr. and Mrs. Smith were regular participants in a lottery pool with their friends. Each Friday, the group would meet at the local pub and contribute to a pool of cash that would then be used to
How is the postal rule different from the “ordinary rule” for acceptance?
Jack was in a lease with Douglas for the rental of a farm, including a large barn. In order to secure a lower monthly lease payment, Jack agreed to be responsible for all necessary repairs to the
When must an offeree communicate acceptance to the offer or in a specific form?
When can an offeror revoke or withdraw an offer?
What is consideration?
Is a promise to pay more for performance of a pre-existing legal duty generally enforceable?
Are the rules governing the formation of electronic contracts different from those for written or oral contracts?
How does the relationship between the parties affect presumptions concerning their contractual intent?
What does Contract A refer to in a tendering context? What does Contract B refer to in a tendering context?
Entering a contract can create a great deal of risk for the parties. What are examples of these risks, and how can they be managed?
What is the difference between an express and an implied term?
Discuss how the law seeks to analogize electronic contracts to hard-copy, paper contracts. Are these efforts successful?
Louise purchased land from Reggie subject to the condition that subdivision approval be secured. Unfortunately, the contract between them does not specify who is to try to get the subdivision
Why do well-drafted contracts anticipate events that can affect performance?
Masterpiece, an Alberta corporation applied to register the trademark “MASTERPIECE LIVING” in relation to the retirement industry. The application was denied because Alavida, an Ontario company
Three-dimensional printers have the capacity to reproduce solid objects. Using computer modelling software, they can reproduce an object using materials such as rubber, plastics, ceramics, and
What are the major forms of intellectual property rights?
The legalization of non-medical marijuana creates business opportunities for those who are entering or have already entered the marijuana market. Marijuana related inventions such as new varieties of
Canada Goose Inc. is one of the world’s leading makers of winter outerwear. In an effort to protect the brand associated with its high quality, fur-trimmed, down-filled parkas with the red, white,
What is a patent? Give an example.
Are life forms patentable in Canada? Explain.
The United States Patent and Trademark Office has allowed patents for all manner of business methods, including, for example, Amazon’s one-click method for purchasing goods on the Internet;
The sale of counterfeit and pirated goods is big business. The estimated value of the Canadian counterfeit market is between $20 billion and $30 billion. Fake iPhones, NBA jerseys, Oakley sunglasses,
Are computer programs patentable in Canada? Explain.
An inventor may be able to protect a new and improved method to cure and smoke ribs using flavored wood chips, by an obtaining a patent or she may be able to protect the method by keeping it a
What are the three requirements for patentability?
The intellectual property regimes of many countries, including all members of the European Union, contain droit de suite protection or artist resale rights. This right entitles artists for a term
In 1969, Cynthia and Frederick Brick opened a high-end furniture store in Winnipeg. They operated the store under the name Brick’s Fine Furniture. In 1988, Brick Warehouse Corp., a national chain
How long does patent protection last?
What is the advantage of marking an industrial design to indicate that the design is registered?
What is the purpose of a trademark?
What is meant by “cyber-squatting ?
One of the exemptions under the Copyright Act is fair dealing. What is fair dealing?
What is the difference between an intellectual property assignment and a licence?
How is injunctive relief used in intellectual property disputes?
The principle of caveat emptor (buyer beware) applies generally to most real estate transactions although a seller must not mislead a potential purchaser about the condition of the property and may
What are the unique features of land as a form of property?
The Mellicks owned a farm that the Haywards were interested in buying. During negotiations, the Mellicks told the Haywards that the farm contained a total of 94 acres, with 65 acres under
Can a new owner be liable to clean up contamination that was caused by a previous property owner? What about the liability of the prior owner whose activities caused the contamination? Why are there
Kray Holdings, an Alberta-based business, made an offer to purchase a luxury rental property in the city of Vancouver, which it planned to continue to use as a rental property, and provided a $300000
What are the limits on an owner’s use of his land?
How does a joint tenancy operate?
The format and content of residential leases is largely dictated by legislation, while commercial leases are entirely negotiated by the parties, resulting in lengthy and complex documents. The
How can ownership of land be divided by time?
Transactions in a land titles system are less costly and time consuming because a person wishing to know the state of the title can consult the certificate of title and rely on its accuracy. Are
What are the three stages in a transaction for the purchase and sale of land?
What is the purpose of registering title to land?
What is a restrictive covenant relating to land?
What are the benefits of an electronic registration system?
What is clear title?
What happens at the closing of a property transaction?
What are the key features of a mortgage?
What are a lender’s remedies if the borrower fails to make mortgage payments?
What are the essential terms in a lease?
What is the remedy of distress?
How can the owner of land dispose of his interest?
Which level of government has jurisdiction to make laws in the area of employment?
In 2017, the government of Canada introduced legislation to legalize and regulate access to recreational (non-medical) marijuana. The legislation, which came into force on October 17, 2018 specifies
Since 2017, gender identity and gender expression have been prohibited grounds of discrimination in the Canadian Human Rights Actand in the human rights legislation of all Canadian provinces and
The human rights acts attempt to prohibit discrimination in employment. What is meant by “discrimination”?
In 2015, female servers at Ontario and Quebec locations of Bier Markt (a chain of restaurants featuring beer on the menu) were told that their work uniform of black shirt and black pants would change
What is a bona fide occupational requirement? Give an example.
Background checks are an important part of an employee’s recruitment process as they help identify the best qualified candidates and manage the potential risks associated with a poor hiring
What is the “duty to accommodate”?
Lucy Jones, an employee of ABC Company Ltd., attended an employer-sponsored golf tournament at a local golf club. Following the golf tournament, there was a party at which Lucy became intoxicated. As
What is the purpose of the federal Employment Equity Act?
Do employees have fiduciary obligations? Explain.
What is the purpose of employment standards legislation? Give an example of an employment standard.
Explain how the freedom to contract in employment has been affected by legislation, and give examples.
Would displaying a picture of a nude person be an example of sexual harassment in the workplace? Explain.
What is the purpose of pay equity?
Employees are required to provide employers reasonable notice of resignation unless the employment contract provides for a different period of notice. How much notice should the employee provide?
Social media has become part of most people’s lives. Many employees have a Facebook or LinkedIn account. Others post comments, pictures, and video on Twitter, YouTube, or Flickr. Still others keep
Sandra Sigouin had worked at a Montreal branch of the National Bank for 20 years before being promoted to the position of special loans administrative officer. She was given the post even though she

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