Questions and Answers of Canadian Business And The Law

What is aboriginal title and in what ways does it differ from private ownership of real property?
Legislation governing innkeepers’ liability for their guests’ property was developed to deal with an environment where guests were to a large extent at the mercy of innkeepers with regard to the
Black was looking to buy a quality used luxury vehicle. He found a 2016 Audi at Dexter’s Audi that met his needs. He examined the car on several occasions and took it for a couple of test drives.
How is personal property different from real property?
The self-storage industry is growing rapidly as businesses and individuals need extra space to store their excess property. Does the rental of a storage locker fit the definition of bailment? Are
How is tangible property different from intangible property?
How is ownership of real property acquired?
How is ownership of personal property acquired?
What is the “bundle of rights”?
What can the owner of personal property do with it?
How is ownership of intangible property protected?
What is a bailment?
What are some examples of bailments?
How do bailments for value differ from gratuitous bailments?
What is the liability of a bailee for damage to the goods?
How can a bailee limit the liability for damage to the goods?
How can a bailee for value collect fees?
Stilk was one of 12 crew members hired by Myrick to work on his ship. All members of the crew signed a contract which included a clause requiring them to do “all that they could under all
Joel went to his local convenience store and purchased a lottery ticket at exactly 8:59 P.M. for a May 23 Lotto Saskatchewan draw. The deadline for a ticket to be included in the May 23 draw was 9:00
Anti-spam legislation in the United States follows what is called an “opt-out” approach. This means that someone can send a commercial electronic message (CEM) but that message must contain an
Why is spam objectionable?
Daniel owned some out-of-town real estate which Paul had been eyeing for some time. On June 1, Daniel’s real estate agent passed along an offer to Paul, whereby Daniel offered to sell Paul that
What is the justification for changing the traditional common law rule that contractual variations must be supported by fresh consideration? Explain.
What must an offer contain?
Why is the nature of the business relationship between the parties important to the question of whether one side will sue the other for breach of contract?
What is the role of reputation management and public relations in contracts?
How does the presence of a written contract assist in dispute resolution?
Why is the value of certainty so important to contract law ?Does elevating this value lead to unfair results?
Is the matter of whether a contract exists judged according to a subjective standard or an objective one? Explain.
How important is it to be aware of the law when negotiating a contract? Does it depend on whom you negotiate with ?Does it depend on the size and complexity of the contract in question?
Why is clear communication so important in contractual negotiations?
Leopold applied to his provincial government for a student loan and was advanced $13 500. The loan agreement obligated the government to advance further funds midway through the school year. Leopold
Albert Carr, in a well-known article published in the Harvard Business Review, argues that business is a game and therefore is not subject to the same ethical standards that govern one’s private
Assume that Amri tha negotiates all the basic terms of a contract with Trackers (including price, quality, delivery, and terms of payment). However, when Trackers drafts the contract and presents it
Must all contracts be in writing in order for them to be legally binding?
Are there any circumstances in which parties might rightly decide that an oral contract is appropriate? Discuss.
What are the elements of a contract, according to the common law?
Jason is an accountant who works for a number of small businesses. One of his clients has unexpectedly refused to pay a recent account, suggesting that Jason has overcharged or otherwise “padded”
What are the dangers of taking a highly legalistic, inflexible approach to contractual disputes?
June is a hair stylist who wants to open her own business. Though June has absolutely no experience in the business world, she is determined to succeed. June begins negotiations with a landlord to
What is a contingency fee?
What factors should be considered before appealing a court decision?
How does the winner of a lawsuit enforce the judgment?
What is a limitation period?
Why is settlement out of court more common than and preferable to going to trial?
What happens during the “discovery” stage of litigation?
What are the major steps in the litigation process?
What are the advantages of arbitration in comparison to litigation?
Why is arbitration particularly attractive in international disputes?
In 2008, several hundred people became ill and a number of them died as the result of an outbreak of the Listeria bacteria. The illnesses were traced to the consumption of deli meats that were
What are the differences between mediation and arbitration?
What is mediation? What are the advantages of mediation as a method of resolving a dispute?
In 2007, the Flynns hired Applewood Construction to build them an environmentally friendly home. The house was erected on a concrete slab. The Flynns moved into their new home and discovered within
A plaintiff or the defendant in a civil case (for example, a motor vehicle accident) may request a jury trial. The other party may oppose that request. The judge hearing the case has the discretion
Why might a well-capitalized litigant use third party funding?
A woman from British Columbia, SalihaAlnoor, recently sued Colgate-Palmolive, alleging that she was injured by a defective toothbrush. She stated that the toothbrush snapped as she was brushing her
Alternative dispute resolution has many positive features. It can be faster and cheaper than litigation. And unlike litigation, the process can be confidential and the parties can control the
What is the process for attempting to resolve disputes informally?
When is a class action the preferable method of settling a claim?
Joe Smith is in the business of providing equipment and services for clean-up and recovery operations following oil spills and other disasters. Canadian Natural Resources Ltd. (CNR) is a producer of
In Canada, arbitration clauses in consumer contracts are prohibited in some jurisdictions. In other jurisdictions, the courts have often interpreted consumer protection legislation so as to permit
What happens when negotiations fail?
What are the advantages and disadvantages of arbitration clauses in consumer contracts?
York University launched a lawsuit against its former assistant vice-president Michael Markicevic, accusing him of masterminding a $1.2 million fraud. The case was a year and a half old and not close
Class actions are a popular way for a large number of small consumer claims that might otherwise have been ignored to be brought against a corporation. For example, ticket purchasers brought a class
What is the goal of negotiation in resolving legal problems?
Why do apologies de-escalate legal disputes?
Cameron and Tyler Winklevoss entered into a settlement with Facebook over their allegations against Mark Zuckerberg, the founder of Facebook. They alleged that they had hired Zuckerberg, their
What are some business law disputes that could arise from the operation of a fast-food restaurant?
What factors are helpful in determining whether the consultation between the Crown and Indigenous people is adequate?
General Mills, one of America’s largest food companies updated the legal terms on its website. The new terms provided that any dispute related to the purchase or use of any General Mills product or
Dr. Julie Macfarlane, a professor in the Faculty of Law at the University of Windsor and author of The New Lawyer: How Settlement Is Transforming the Practice of Law, notes that figures out of the
Annual wages subject to income tax are reported:a. On Form W-4b. On Form W-2 in Box 1c. On Form W-2 in Boxes 1, 3, and 5d. On Form 1099-W in Box 1
State income tax withholding is reported on:a. Form W-2Sb. Form W-4c. Each state has a unique reporting formd. Form W-2 on Box 17
Which of the following transportation-related costs paid by an employer to or on behalf of an employee cannot be excluded from gross income?a. Providing bus passes to employees for a $20 discount.b.
Air Suppliers Inc. provides group term insurance to all its employees for policies up to $250,000. Michelle, an Air Suppliers employee, has a $100,000 policy. The cost of the policy is $50 per month,
In 2022, Yui, a single mother, redeems Series EE bonds and uses the total proceeds ($6,700 par value and $1,300 interest) to pay for her daughter’s college education. If Yui’s 2022 AGI is
An asset (not an automobile) put in service in June 2022 has a depreciable basis of $25,000 and a recovery period of 5 years. Assuming half-year convention, no bonus depreciation, and no election to
Which of the following items is generally reported as a separately stated item on a partnership return?a. Ordinary income from the operations of the partnership businessb. Bonus depreciationc.
Which of the following is a responsibility of a local office of the IRS?a. Advising the Treasury Department on legislationb. Intelligence operationsc. Appellate proceduresd. Developing IRS rules and
The IRS does not have the authority to:a. Examine a taxpayer’s books and recordsb. Summon taxpayers to make them appear before the IRSc. Summon third parties for taxpayer recordsd. Place a lien on
Which of the following is the most common type of audit for an individual taxpayer?a. Office auditb. Correspondence auditc. Telephone auditd. Field audite. Service center audit
In which of the following ways are tax returns selected for audits?a. Through the Discriminant Function Systemb. Through informantsc. Through news sourcesd. Through information matchinge. All of the
When the IRS has completed their examination and the result is an assessment of additional tax, which of the following is not a viable option for the taxpayer?a. Disagree with the assessment and
Which of the following is not a source of information from which the IRS identifies possible audit targets?a. A computer scoring system that identifies possible errors on tax returnsb. The client
Which of the following is not a penalty that may be imposed by the IRS?a. Failure-to-file penaltyb. Failure-to-pay penaltyc. Penalty for negligenced. Early filing penaltye. All of the above may be
Martha inadvertently failed to file her tax return for eleven months. The tax due on the return was $1,000. Her failure to file penalty will be:a. 55 percent of the tax dueb. 25 percent of the tax
Which of the following best describes the interest and interest rates for under and overpayments of income tax liability?a. The underpayment rate is higher than the overpayment rate.b. The interest
A taxpayer incorrectly reports income and has a substantial understatement of income tax in the amount of $20,000 (but no fraud). The accuracy-related penalty for this error is:a. $20,000b. $1,000 (5
The taxpayer penalty for writing a check to pay for taxes that has insufficient funds is:a. The same amount the bank charges the IRS for a returned checkb. 5 percent of the amount of the total tax
If a taxpayer’s 2022 individual income tax return is due on April 18, 2023 and was filed on March 3, 2023, the statute of limitations would normally run out on:a. April 18, 2025b. March 3, 2024c.
If a taxpayer’s 2022 individual income tax return is due on April 18, 2023 and was filed on June 3, 2023, the statute of limitations would normally run out on:a. April 18, 2025b. June 3, 2024c.
Which of the following tax preparers may not represent their clients in all IRS proceedings?a. An enrolled agentb. A certified public accountantc. An attorneyd. All of the above may represent their
Which of the following does not result in a minimum $55 fine for an income tax preparer?a. Failure to provide a tax preparer identification numberb. Cashing a refund check for a customerc. Failing to
Which of the following has a six-year statute of limitations?a. Depreciationb. Salariesc. Travel and entertainmentd. A return in which the taxpayer omitted gross income in excess of 25 percent of the
If a tax preparer notes an error on a client’s tax return, under Circular 230, the tax preparer should:a. Report the mistake to the IRS immediatelyb. Prepare an amended tax return and file such
In which of the following situations does the burden of proof in a tax matter not automatically shift to the IRS?a. The IRS uses statistics to reconstruct an individual’s income.b. A court
Which of the following have privileged communication with a client in a noncriminal tax matter?a. CPAsb. Enrolled agentsc. Attorneysd. a and ce. a, b, and c
The burden of proof remains on the taxpayer for corporations, trusts, and partnerships with net worth exceeding:a. $1 millionb. $3 millionc. $5 milliond. $7 millione. Some other amount
The IRS does not have to furnish the taxpayer with information concerning which of the following items?a. The way the taxpayer’s return was selected for auditb. The procedures for appealing an IRS

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