Questions and Answers of The Law Of Healthcare Administration

Why may an “option to terminate” clause be described as a condition subsequent?
The principles of mistake and discharge by frustration may both relate to contracts in which the subject matter is non-existent. How do these principles and their remedies differ?
What else, apart from physical destruction of the subject matter of a contract, can result in frustration of the contract?
Is substantial hardship in performing sufficient to excuse a promisor from performing?Explain.
James had contracted to give a talk and demonstration on resolving human relations conflicts in small organizations for a management consulting firm. After dinner with his hosts the evening before
Give two examples of the shortcomings in the Fibrosa case.
In what important respect has the British Columbia Frustrated Contracts Act provided a fairer solution when a contract is frustrated?
What three conditions are required for the Sale of Goods Act to apply to a frustrated contract?Does the Act apply to a case where the goods have been impounded by the government?
Suppose P contracts to buy 10 tonnes of corn grown in the county of Haldimand from S.Because of a local drought there is insufficient corn, but S can quite easily obtain corn of the same quality from
In what respect may bankruptcy bring about the discharge of contracts?
Why does a major breach not automatically discharge a contract? Give an example.
Describe two ways in which anticipatory breach may occur.
In what types of contracts does it become particularly difficult to ascertain whether a breach is sufficient to allow the injured party to be freed from its part of the bargain? Explain.
Describe why the doctrine of substantial performance is of practical importance.
What is the reasoning behind the requirement that an injured party mitigate its losses?
When a buyer refuses to accept delivery of goods, explain the significance of supply and demand when determining the value of damages suffered.
Explain the attitude of the courts toward exemption clauses.
Give an example of strict interpretation of an exemption clause.
In what circumstances might a court grant an interlocutory injunction?
When a judgment debtor refuses to pay the judgment, what recourse does the judgment creditor have?
Describe the nature and purpose of liquidated damage clauses and how they are distinguished from penalty clauses.
Define expectation damages, consequential damages, and specific performance. Give an example of each.
What was the principal purpose of the original Sale of Goods Act?
Distinguish between ownership and possession.
How are “goods” defined in the Sale of Goods Act? What types of personal property are not within the definition?
Is a contract for the installation of a central heating system a contract for the sale of goods?
What is the distinction between a sale and an agreement to sell?
What is meant by a “consignment”?
When does the caveat emptor principle apply to the sale of goods?
Distinguish between the implied term as to fitness and the implied term of merchantable quality.
What is the significance of an article being sold under its trade name?
What terms are implied in the case of a sale by sample?
What does it mean to say that the courts interpret the time set for payment as a warranty unless the parties have expressed otherwise?
What determines who bears the risk of loss when goods that are the subject matter of a contract of sale are destroyed?
When does title pass in the case of specific goods that are in a deliverable state?
In what circumstances can a person who is not the owner of goods pass a good title to them?
What is the distinction between unascertained goods and future goods?
When does an unpaid seller have a lien on the goods sold? When is there a right of repossession?
Who is a consumer?
What is the purpose of a cooling-off period?
How does the Competition Act attempt to prevent fraudulent telemarketing?
What is the principal difference between an operating lease and a purchase lease?
Distinguish between a security lease and a finance lease.
What warranties will normally be implied in a chattel lease?
What are the main perceived advantages of leasing capital assets as opposed to borrowing in order to purchase them?
Why would a business enter into a sale-and-leaseback transaction?
If a lessee defaults in paying the rent, is the lessor entitled to retake possession of the leased property as well as to sue for the rent owing?
Give an example of (a) a non-contractual bailment and (b) an involuntary bailment.
Distinguish between a bailment and a licence. In what circumstances is the distinction especially important?
What factors determine the standard of care to be expected of a bailee?
What is a “sub-bailment”?
In what circumstances may a bailee claim a lien on bailed goods?
What does it mean that goods are “fungible”? How does that affect a bailee’s liability?
Who normally bears the loss if goods left in a warehouse are stolen or destroyed?
Distinguish between a common carrier and a private carrier.
What does it mean to say that a common carrier “is an insurer as well as a bailee”?
What are the principal defences available to a common carrier when goods in its possession are damaged or lost?
Is a hotel keeper liable if a guest’s property is stolen from his or her room?
What is meant by a “pledge”?
What are the two principal types of “legal risk” that a business may insure against?
Distinguish between an insurance agent and an insurance broker.
What are the principal types of insurance that a business is likely to need?
What are the advantages and disadvantages of “comprehensive” insurance?
What is meant by an “insurable interest”?
Does a shareholder have an insurable interest in the property of his or her corporation?
What is the legal position where an insured fails to renew an insurance policy by the due date?
Is it necessary for an insured to notify the insurer of changes of circumstance that occur after the policy enters into force?
Can an insurance policy be assigned to a third person?
What is “subrogation”?
In what business circumstances are guarantees commonly required and given?
To whom does a guarantor give his or her promise?
What normally constitutes the consideration for a guarantee?
How may a guarantee be discharged?
Does a contract of guarantee have to be in writing?
Distinguish between dependent agents and independent agents.
Is a “real estate agent” a true agent?
What is the effect when a principal ratifies a contract made on its behalf by an agent who lacked the authority to enter into the contract?
What are the limits of ratification by a principal?
How does an agent acquire actual authority?
How does an agent acquire apparent authority?
What is meant by “holding out”?
Is an agent entitled to delegate his or her duties to some other person?
Why should an agent not act for both parties to a transaction? What are the probable legal consequences of doing so?
In what circumstances may an agent be held liable on a contract that he or she has negotiated?
Can an undisclosed principal enforce a contract made on his or her behalf?
What is meant by “breach of warranty of authority”?
Distinguish between a franchise and a licence.
What restrictions are usually placed on a franchisee carrying on other business activities?
What is the relationship between a franchisor and the eventual customer of the franchisee?
Is the relationship between franchisor and franchisee a fiduciary relationship?
What are the principal additional protections given to franchisees by the Alberta, Ontario, P.E.I., and New Brunswick legislation?
Briefly describe two employees, each of whom has varying degrees of responsibility as agent.
How does an independent contractor differ from an employee?
Give an example of circumstances where an employee commits a tort but his employer is not liable. What element is necessary to make the employer liable?
After earning his B. Comm. degree, Bruce was hired as a junior accountant by Cargo Wholesale Inc. He received favourable assessment letters and salary increases after year one and year two. At the
Norman is hired as a waiter in a restaurant at a summer resort without any discussion about the length of his employment contract. He receives a weekly paycheque. He is let go without notice at the
On what grounds is a business justified in dismissing its employees without notice?
What are the main factors to be taken into account when assessing damages for wrongful dismissal?
When is reinstatement an unlikely remedy for wrongful dismissal?
Why is it not effective to define pay equity solely in terms of the market value of comparable jobs?

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