Questions and Answers of The Law Of Healthcare Administration

What are TRIMs?
Distinguish between most-favoured nation treatment and national treatment.
What is “forum shopping”? Why is it considered objectionable?
What is meant by “forum non conveniens”?
What are the principal advantages of commercial arbitration as opposed to litigation?
How are disputes resolved within the WTO? Within the NAFTA?
Explain how the softwood lumber dispute demonstrates both the strengths and the weaknesses in the WTO and NAFTA dispute resolution processes.
In what way is Chapter 11 of the NAFTA novel?
What contracts are normally involved in establishing a business website?
What is a web-wrap agreement?
How has legislation addressed the formation of contracts made over the internet?
Why is it important to ascertain which legal system governs a contract?
Are internet service providers exposed to liability when users infringe copyright? Or violate anti-spam legislation?
What is ecash?
How can a domain name infringe some other person’s trademark?
What are the legal consequences of violating Canada’s anti-spam legislation?
What is the level-of-interactivity test?
What factors influence jurisdiction over an internet libel case?
How does Canada protect an individual’s privacy in ecommerce transactions?
Why are non-governmental organizations important to ecommerce?
In what ways does the internet facilitate illegal activities?
What proposals are being made to reform the Copyright Act?
What are the three key components of modern privacy?
What is the constitutional authority for declaring the right to privacy a human right?
What is the standard of protection that the Charter gives to privacy?
What federal legislation protects privacy in the public sector, and how is compliance monitored?
What federal legislation protects personal information held in the private sector, and what does this statute require businesses to do?
What test does a court apply to determine if a privacy-invasive activity is reasonable?
Does a common law tort of invasion of privacy exist in Canada?
How does inadequate security expose business to civil and possibly criminal liability?
What steps should be followed by a business considering outsourcing data processing to an American company?
How does the requirement of “consent” for collection, use, and disclosure of personal information differ in the public and private sectors?
What protection is available for employee personal information?
Describe the three main roles of law in our society.
Are law and ethics the same thing?
Describe the special significance of sections 91 and 92 of the Constitution Act. What problems do these sections encompass?
What are “punitive damages”? Should they be awarded in tort actions?
Explain the nature of a seal and its legal importance in Canada.
What three essentials of a binding contract have we considered thus far?
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 sizeable
What factual situations give rise to a presumption that parties intended to create a legally binding contract?
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
Is a minor bound to pay the agreed contract price for necessaries? Explain.
What element is necessary for a contract of employment to bind a minor?
What obligation does a minor have when she repudiates a contract for non-necessary goods? Explain the policy reason for the rule.
Are minors’ contracts for non-necessaries always voidable when the minors attain majority?
What two types of minors’ contracts must be distinguished for the purpose of determining the liability of the minors after they become of age?
Give examples of persons of diminished contractual capacity. What special problems do such persons face when they want to deny responsibility under a contract?
Under what circumstances may a contract voidable at the option of one of the parties cease to be voidable?
What is the nature of the legal problem that adds to the uncertainty of an action against a trade union?
(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
For what types of organization is a representative action important? Explain.
Why may it be important to a party to a dispute to show that a void contract is not also illegal?
How can we tell whether the intention of the legislature is to make a certain type of agreement illegal as well as void?
What are “wagering” contracts and are they legal? What government legislation should be considered when answering this question?
What quality must an insurance contract possess to prevent it from being a wager and therefore void?
What kinds of business contract may have an element of wagering incidental to the main purpose of the transaction?
Explain how restrictive covenants play a role in the sale of an active business.
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?
What factors does a court consider when determining if a restrictive covenant in an employment contract is legal and enforceable?
Discuss the courts’ attitude toward the subsequent use of trade secrets acquired by a former employee.
What are common, mutual, and unilateral mistakes?
When will a party be granted a remedy for mistakenly using a term in a contract?
When parties use a term but intend it to have quite different meanings, how does the court resolve the difference?
What conditions must be satisfied before a court will order rectification? Under what circumstances is a court unlikely to grant such a remedy?
Describe the difference between void and voidable contracts. What are the consequences of each for innocent third parties?
Jameson appears at Klemper’s Jewellery and asks to buy an expensive watch on credit. She identifies herself as Johnson, a wealthy local financier. Klemper agrees and hands over possession of the
What are the consequences of an innocent misrepresention in contract rather than tort?What if the representation later becomes a term of the contract?
H’s business is in financial difficulties and he offers the bank a mortgage on the family home which is in his wife’s name. What precautions should the bank take when having the wife sign the
Why are consumers a protected class of purchasers? Describe two forms of protection available to them.
Distinguish among the different outcomes for contracts that are unenforceable, voidable, and void.
What are the consequences of failure to comply with consumer protection legislation as opposed to the Statute of Frauds or Sale of Goods Act?
Explain the difference between a guarantee and an indemnity. Is there any policy basis for treating the two differently?
What is the difference between part performance and part payment?
State which of the following contracts are affected by a statutory requirement that would permit the promisor to plead that the contract cannot be enforced against her because evidence of the terms
Give an example of when a party to an unenforceable contract may nevertheless recover money he has paid to the other party.
Why does a dictionary definition of a word not always clarify its meaning in a contract? Give an example.
Explain and give an example of special usage of a word.
What are the primary goals of a court in interpreting a contract?
Name four ways in which a party may persuade a court that the parol evidence rule does not apply to the term or terms it asserts were part of the contract.
What is an implied term? Give an example from question 5 above.Data from in Question 5State which of the following contracts are affected by a statutory requirement that would permit the promisor to
When a contract is subject to a condition precedent, does the contract nevertheless still exist? May either party simply withdraw from the contract before the condition precedent has been met? Again,
Define the following terms: third party ; assignor ; constructive trust ; beneficiary ; chose in action .
Give an example of vicarious performance by a party other than an employee.
How has the privity of contract rule been modified with respect to insurance?
Describe the significance of exemption clauses in contracts performed by third parties.
P contracted with Q to move equipment from one of Q’s buildings to another site. R, an employee of P, damaged some of the equipment. What facts must Q establish in order to hold P liable for R’s
Describe the exception made for consumer negotiable instruments.
A debtor owed his creditor $2000. The creditor assigned her right to collect this debt to another person, X. The assignee, X, delayed in sending notice to the debtor that he was now the party
Anderson, a skilled mechanic, agreed to do some car repair work for Bartlett. Anderson was busy when the car was delivered for repair and gave his friend Gauche the work to do, without consulting
Give two examples of involuntary assignments.
What are the requirements for a statutory assignment? Describe the business advantages associated with such assignments.
Explain the two types of assignment by operation of law.
Is notice required to assign a negotiable instrument? Explain.
What are the consequences for a creditor who refuses a tender of performance by the debtor?
Describe the nature of the consideration given by the parties to a waiver.
When a party admits liability for breach, what is his best course of action? Explain.
In what respect does the arrangement known as accord and satisfaction involve a discharge of a contract?
Describe the role of novation in the purchase of a going business.
Does a contract exist at all before a condition precedent has been satisfied? Explain.

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