Homework answers / question archive / Thompson Rivers University - BLAW 2911 Answers to Self test questions from Willes 2nd ed

Thompson Rivers University - BLAW 2911 Answers to Self test questions from Willes 2nd ed

Business

Share With

---

Thompson Rivers University - BLAW 2911

Answers to Self test questions from Willes 2^nd ed.

Unit 1: Law and the Legal System

1. What is the purpose of the law?

2. What is the role of the doctrine of precedent with respect to the common law?

 

3. How is Statute law created?

 

4. Distinguish Statute law from Common Law.

 

5. Describe the difference between the Common Law and the Civil Code of Quebec, and the merits of each system.

6. Why is the Charter of Rights and Freedoms important as law?

 

 

 

 

 

 

 

 

7. Why is an independent judiciary important?

 

8. On what basis might an appeal be made from the judgment of a trial court?

 

9. Outline the importance of lawyers and their advice to business persons.

 

10. Why do many businesses prefer to use Alternative Dispute Resolution processes rather than the courts to resolve their disputes?

 

 

 

Unit 2: Tort Law – Intentional Torts

1. In law, what is a tort?

 

2. Why are some intentional torts also considered to be crimes?

 

3. What is the difference between assault and battery in tort law?

 

4. What defence is available in cases of assault and battery?  What limits are imposed  by the courts?

 

5. Explain defamation.

 

 

6. What defences are available in cases of defamation?

 

7. What is the tort of false imprisonment. Give an example.

 

8. Define trespass to land.

 

 

9. Give examples of common law nuisance and any remedies available to the victim.

 

10. A public nuisance is one that adversely affects the community at large. How have governments acted to regulate such nuisances?

 

 

 

Unit 3: Tort Law – Unintentional Torts

1. Define negligence.

 

2. Explain duty of care.

 

3. Explain the reasonable person test.

 

4. Why do the courts impose strict liability for damage in certain cases?

 

5. On what basis do courts award damages in negligence cases?

6. What kinds of money damages might a court award in a case where a negligent motorist causes an accident in which a pedestrian on a sidewalk is struck by the vehicle?

 

7. What duty of care does an occupier of land have towards a trespasser?

 

8. What tests do the courts use to decide if a professional person has been negligent?

 

9. Explain how the courts might limit the liability of professionals who prepare financial statements for clients.

 

10. How might manufacturers of hazardous products limit their liability if damage might result from the improper use of the products?

 

 

 

Unit 4: Formation of a Valid Contract

1. Explain why an intention to create a legal relationship is an important element of a

valid contract.

2. Why is it important that an offer must be communicated before acceptance may take place?

 

3. Describe the rules for acceptance of an offer, and why such rules are necessary.

 

4. How does an advertisement offering a reward for lost goods differ from an advertisement offering goods for sale?

 

5. List four instances where an offer might lapse before acceptance.
6. What condition must be met before revocation of an offer is effective?

 

7. Explain the nature of consideration as it applies to a contract and why its presence is an important requirement for a valid contract.

 

 

8. If a minor is engaged in business, how would the courts deal with contracts entered into by the minor?

 

9. How is the basis for legality in a contract determined?

 

 

10. Why are the courts reluctant to enforce restrictive covenants in contracts of  employment?  Under what circumstances would the courts enforce such a restriction?

 

 

Unit 5: Enforceability of Contractual Rights

1. Outline the effect of the Statute of Frauds on the enforceability of a contract.

 

2. Describe the parol evidence rule and the rationale behind the rule in terms of its application to a written agreement.

3. Explain mistake in its legal context, and indicate how it would differ from what one would ordinarily consider to be a mistake.

 

4. What effect does mistake, if established, have on an agreement that the parties have made?

 

5. What is the difference between mistake and misrepresentation?

                                                                       

6. How does negligent misrepresentation differ from fraudulent misrepresentation?

7. What sort of contracts are subject to a requirement of utmost good faith?

 

8. Why are some contracts simply void, while others are voidable?

 

 

 

9. Why do the courts consider non-disclosure to be misrepresentation under certain circumstances?  Give an example of where the rule would apply.

 

10. Explain the importance of the privity of contract rule and hat are the major exceptions to the privity of contract rule?

 

 

Unit 6: Performance and Breach of Contract

1. Explain performance of a contract under contract law.

 

2. Explain “tender” and how tender relates to performance of a contract.

 

3. Other than by performance, how may a contract be discharged?

 

4. What are the usual consequences that flow from a refusal or failure to perform a valid contract?

5. Explain the effects of an unanticipated event that renders performance impossible.  How has this been altered by statute law?

       

6. Describe the effect of a material alteration on the enforceability of a contract.

 

7. Describe the difference between express and implied repudiation of a contract, and give an example of each.
8. Express repudiation occurs where one party informs the other that he/she will definitely not perform the contract at the required time.  E.g.:  where A writes B informing her that he will not perform his obligations under the agreement.

9. What are the rights of a party to a contract when informed by the other party to the contract that performance will not be made?

 

10. How does the doctrine of substantial performance affect the rights of a party injured by the repudiation of the contract when the contract has not been fully performed?

 

11. Describe the concept of damages as it applies to Common Law contracts.

 

 

Unit 7: Sole Proprietorship, Agency and Partnership

1. How does a sole proprietorship differ from other business organizations?

 

2. Outline the various types of agency relationships that may be formed.

 

3. Explain the difference between an express authority and implied authority in an agency relationship.  Give examples of each.

 

4. Outline the duties of an agent to his or her principal.

 

5. Explain “agency by estoppel”.

 

6. How is a partnership formed?

 

7. Under what circumstances would a partnership be liable for a tort committed by a partner?

 

8. What is the extent of the liability of the partners for the tort of a partner or for contracts entered into by a partner?

 

 

 

 

9. Explain the rights of creditors of a partnership when the partnership is dissolved.

     

10. What is a retiring partner obliged to do in order to avoid liability for future debts incurred by a partnership?

 

 

Unit 8: Corporation Law

1. What is the legal nature of a corporation?

 

2. How does a corporation differ from a partnership?

3. What drawbacks are commonly associated with partnerships are overcome by the use of the corporate form?

 

4. Describe briefly the relationship between a corporation and its shareholders. How does a shareholder's relationship with the corporation change if the shareholder becomes a director?

 

5. What are the obligations of a director of a corporation in an instance where the director has a financial interest in a firm with which the corporation wishes to do business?

       

6. Indicate how the principle of "majority rule" is applied in the decision-making process of a corporation. What protection is available to a dissenting minority shareholder where a fundamental change in the corporation's object is proposed?

 

7. Distinguish a "public" corporation from a "private" corporation. Why is this distinction made? What other terms are used for each of these types of corporations?

 

8. What is a tippee, and what are the consequences of being one?

 

9. Describe what a proxy is, and why it is important.

 

10. What are the twin policy goals of provincial securities legislation?

 

 

Unit 9: Sale of Goods and Consumer Protection Law

1. Distinguish a sale from an agreement to sell. Why and when is this distinction important?

 

2. Why is the time of passage of title important in the sale of goods?

 

3. Outline the contractual duties of a seller under the Sale of Goods Act.

 

4. What implied warranties are part of a sale of goods?
5. Implied warranties are:

6. Distinguish between a condition and a warranty. Why is this distinction important?

 

7. Under what circumstances would a buyer of goods be entitled to rescind the contract? Give an example.

 

8. Under what circumstances would the skill and judgment of the seller give rise to an implied warranty or condition upon which the buyer might rely?

 

9. Describe the impact of much of the consumer protection legislation on exemption clauses in the sale of goods.

 

10. How has consumer protection legislation addressed exaggerated advertising claims?

 

11. What is the purpose of the "cooling-off period" that the consumer protection legislation frequently imposes on contractual relations between buyers and door-to-door sellers?

 

12. What practices of some collection agencies led to legislation controlling the collection of debts generally?              

 

 

Unit 10: Real Estate Law

1. Explain the term “freehold estate.”  How does this term apply to land?         

                                                       

2. What lesser estates may be carved out of an estate in fee simple?

 

3. In what way (or ways) would an easement arise?

           

4. Under what circumstances would a restrictive covenant be inserted in a grant of land?  Give three common examples of this type of covenant.

                                                                                          

5. Explain how the Land Titles or Torrens System differs from the Registry System.  What special advantages attach to the Land Titles System?

6. Distinguish joint tenancy from tenancy?in?common.

 

7. What is the legal nature of a leasehold interest, and how does it arise?

   

8. Outline the covenants which a tenant makes in an ordinary lease.  Explain the effect of the tenant's non?compliance with these terms.

     

9. Outline the nature of a mortgagor’s interest in the mortgaged land.

                                                       

10. Why do mortgages usually contain an acceleration clause? What is the effect of the clause if default occurs?   Indicate what the rights of a mortgagee would be if a mortgagor defaulted on the payment of the mortgage.

 

 

Unit 11: Intellectual Property

1. Under modern patent legislation, what is the purpose of granting a patent for a new product?

 

2. How is the public interest protected under patent legislation?

       

3. If an inventor has reason to believe that someone was producing a product which infringed on his or her patent, what would the inventor's rights be?  What remedies are available for infringement.

 

4. Describe briefly the purpose of trade mark legislation. Why has it been necessary?

 

5. How does a trademark differ from a trade name?

                                                       

6. What must a person who has a proposed mark do in order to establish rights to the mark?

 

7. What constitutes infringement of a trade mark?  What steps must the owner of a trade mark take in order to prevent further infringement?

8. Outline the purpose of copyright legislation.  What type of work is it intended to protect?

 

9. How is notice of copyright usually given?

       

10. Where infringement is established, what remedies are available to the owner of the copyright?

 

 

Unit 12: Employment Law

1. How is an employment relationship established?  What elements of the relationship distinguish it from agency or partnership?

 

2. Explain the fourfold test for employment. Why did the courts find it necessary to establish this test?  Distinguish an employee from an independent contractor.

3. What duties of an employee extend beyond the period of employment? In what way would a breach of these duties be enforced?

 

4. Why are employers, under certain circumstances, vicariously liable for the torts of their employees? Identify the circumstances under which vicarious liability would arise.

 

5. Identify the conditions or circumstances under which an employer would be justified in terminating a contract of employment without notice.

 

 

6. What factors must be considered in determining reasonable notice, if an employee or employer should decide to give notice of termination of a contract of indefinite hiring?

7. If an employee is wrongfully dismissed, explain how a court would determine the money damages that should be paid by the employer for the wrongful act. Why must an employee mitigate his or her loss when wrongfully dismissed?

 

8. Explain how a union acquires bargaining rights.

       

9. Explain briefly the role of a union in collective bargaining. Describe the legal obligations a union has towards its members.

 

10. If a collective agreement is negotiated, what methods may be used to resolve disputes that arise out of the collective agreement?