Business Law in Canada, 12th Canadian Edition, 12e Richard Yates, Teresa Bereznicki-Korol, Trevor Clarke (Test Bank)

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About This Course Changes to the 12th Edition Content Highlights A Note on Indigenous Terminology Acknowledgments and Dedications Part 1 Introduction Chapter 1 Managing Your Legal Affairs Learn... ing Objectives “I Think I Need Legal Advice . . . ” Becoming A Sophisticated Client The Role of the Lawyer Should I Hire a Lawyer? When to Hire a Lawyer When to Represent Yourself How to Find an Appropriate Lawyer How Lawyers Bill Their Clients Legal Aid How to Complain about Your Lawyer Ethics Ethics of Lawyers Ethics of Clients Code of Business Conduct Social Responsibility Summary Becoming a sophisticated client The role of the lawyer Should I hire a lawyer? How to find an appropriate lawyer How lawyers bill their clients Legal aid How to complain about your lawyer Ethics Questions for Review Chapter 2 Introduction to the Legal System Learning Objectives What Is Law? Categories of Law Canada’s Legal Systems Civil Law Legal System Common Law Legal System Stare Decisis  Common Law and the Law of Equity Equity Statutes  The Constitution of Canada Confederation Constitution and Division of Powers Indigenous Rights and Self-Government Indigenous Self-government in Canada Constitutional Challenges before the Courts Paramountcy Delegation of Powers Agreements to Share Powers Exercising Legislative Power Protection of Rights and Freedoms Canadian Bill of Rights35 Charter of Rights and Freedoms Limitations  Charter Provisions Fundamental Freedoms  Democratic Rights  Mobility Rights  Legal Rights  Equality Rights  Language Rights  Section 52  The Importance of the Changes to the Constitution  Human Rights Legislation Indigenous Peoples and Human Rights Summary A workable definition of “law” Categories of law Canada’s legal systems Constitution of Canada Charter of Rights and Freedoms Human rights legislation Questions for Review Chapter 3 The Resolution of Disputes: The Courts and Alternatives to Litigation Learning Objectives Alternatives to Court Action What Is Alternative Dispute Resolution? Advantages of ADR Versus Litigation  Disadvantages of ADR Versus Litigation  ADR Mechanisms Negotiation  Mediation  Disadvantages of Mediation  Arbitration  The Courts Trial Courts of the Provinces Recent Developments  Provincial Courts of Appeal Courts at the Federal Level The Process of Civil Litigation Limitation Periods Jurisdiction Pre-trial Procedures Recent Initiatives  The Trial Judgment Costs  Remedies  Enforcement Enforcing Judgment  Seizure of Property  Judicial Remedies before Judgment Class Actions The Nature and Function of Regulatory Bodies Procedural Fairness in Tribunals 1. The Authority of the Decision Maker  2. The Fairness of the Process  3. Reviewing a Decision  Methods of Judicial Review Summary Alternative dispute resolution (ADR) The courts Process of civil litigation Dealing with regulatory bodies Questions for Review Part 2 Torts Chapter 4 Intentional Torts and Torts Impacting Business Learning Objectives The Nature of Torts Intentional Torts Trespass to Person: Assault and Battery Defences  Trespass to Land Trespass to Chattels, Conversion, and Detinue False Imprisonment Malicious Prosecution Private Nuisance Defamation Defences  Injurious Falsehood (Product Defamation) Successfully Establishing a Tort Claim Other Torts Impacting Business Inducing Breach of Contract Unlawful Means Tort Intimidation Deceit (Fraudulent Misrepresentation) Conspiracy Passing-Off Misuse of Confidential Information Privacy Evolution of Tort Law Online Torts Summary Intentional torts Other business torts Online torts Questions for Review Chapter 5 Negligence, Professional Liability, and Insurance Learning Objectives Negligence The A, B, C, and D of Negligence A: A Duty to Exercise Care Must Exist Misfeasance and Nonfeasance  B: Breach of the Standard of Care C and D: Causation and Damages “But For” Test: Physical Causation  Remoteness Test—Legal Causation  Defences Voluntary Assumption of Risk  Contributory Negligence  Illegality (Ex Turpi Causa)  Legislation Impacting Duty of Care Occupiers’ Liability  Innkeepers’ Liability  Strict Liability Vicarious Liability  Product Liability Liability of Professionals and Other Experts Contract Negligence To Whom Is a Duty Owed?  A. Negligent Misstatement  B. Breach of Standard of Care  C. Causation and Reliance  Fiduciary Duty and Breach of Trust Professional Insurance Insurance The Insurance Industry Types of Insurance A. Liability Insurance  B. Property Insurance  C. Business Interruption Insurance  D. Life and Health Insurance  E. Bonding  Insurable Interest Limitation Clauses (Exclusion Clauses) Contract of Utmost Good Faith Subrogation Summary Negligence Professional liability Insurance Questions for Review Part 3 Contracts Chapter 6 The Elements of a Contract: Consensus and Consideration Learning Objectives The Contractual Relationship Definition of a Contract Elements of a Contract Important Terms and Definitions Formal and Simple Contracts  Express and Implied Contracts  Valid, Void, and Voidable Contracts  Unenforceable and Illegal Contracts  Bilateral and Unilateral Contracts  Consensus A Meeting of the Minds Offer Invitation to Treat  Offer by Conduct  Communication of an Offer  The End of an Offer  Offers That Cannot Be Revoked  Standard Form Contract  Duty of Good Faith  Acceptance Communication of Acceptance  The Postbox Rule  Electronic Transactions Consensus  E-commerce Legislation  Consideration The Price You Are Willing to Pay Adequacy of Consideration Gratuitous Promises Are Not Consideration Existing Duty  Past Consideration  Paying Less to Satisfy a Debt  Illegal Consideration  Examples of Valid Consideration Settlement Out of Court  Request for Services  Exceptions to the General Rule Promissory Estoppel  Sealed Documents  Summary The contractual relationship Consensus Consideration Questions for Review Chapter 7 The Elements of a Contract: Capacity, Legality, and Intention Learning Objectives Capacity Minors/Infants Necessaries and Beneficial Contracts of Service  On Becoming an Adult  Parents’ Liability  Infants’ Liability for Torts  Insanity and Drunkenness Others of Limited Capacity Legality Contracts Performed Illegally Contracts Formed Illegally Examples  Intention Form of the Contract The Requirement of Writing When Writing is Required  What Constitutes Evidence in Writing  Effect of The Statute of Frauds  Electronic Contracts  Part Performance Summary Capacity Legality Intention Form of the contract Questions for Review Chapter 8 Factors Affecting the Contractual Relationship Learning Objectives Misrepresentation Allegation of Fact Silence or Non-Disclosure False Statement Statement Must Be Inducement Misrepresentations That Are Also Terms of the Contract Innocent Misrepresentation Negligent Misrepresentation Fraudulent Misrepresentation Duress, Undue Influence, and Unconscionable Transactions Duress Undue Influence Unconscionable Transactions Mistake Shared Mistake Rectification  Misunderstanding One-Sided Mistake Non Est Factum  Rules of Interpretation Privity Of Contract and Assignment Privity Exceptions  Assignment Negotiable Instruments Summary Misrepresentation Duress, undue influence, or unconscionability Mistake Privity of contract Assignment Negotiable instruments Questions for Review Chapter 9 The End of the Contractual Relationship Learning Objectives Discharge by Performance Tender Discharge by Breach Breach by Improper or Incomplete Performance Conditions and Warranties Exemption Clauses Fundamental Breach  Breach by Refusal to Perform (Repudiation) Discharge by Agreement Contractual Terms Discharge by Frustration Circumstances Not Constituting Frustration Effect of Frustration Remedies for Breach of Contract Damages Limitations on Recoverable Damages Remoteness  Mitigation  Contractual Limitations  Equitable Remedies Rescission  Rectification  Specific Performance  Injunction  Accounting  Quantum Meruit  Summary Discharge of contracts Discharge by performance Discharge by breach Discharge by agreement Discharge by frustration Remedies Questions for Review Part 4 Methods of Carrying on Business Chapter 10 Agency and Partnership Learning Objectives The Agency Relationship Creation of the Agency Relationship Formation by Contract Formation by Estoppel Formation by Ratification Formation by Necessity The Duties of the Parties in an Agency Relationship The Agent’s Duties Fiduciary Duty Fiduciary Duty Owed to Indigenous Peoples  The Principal’s Duties The Liabilities of the Parties in an Agency Relationship The Agent’s Liabilities The Principal’s Liabilities Undisclosed Principals Termination of an Agency Relationship Enduring Powers of Attorney Types of Business Organization Sole Proprietorship Partnership Creation of a Partnership Creation by Inadvertence Creation by Contract Creation by Estoppel Registration Rights and Duties of Partners Provisions of the Partnerships Act Fiduciary Duty Liabilities of Partners Liability through Agency Vicarious Liability Unlimited Liability Dissolution of a Partnership Distribution of Assets and Liabilities Advantages of Partnership Other Types of Business Organizations Limited Partnerships Limited Liability Partnerships Joint Ventures Summary Agency relationship How to create an agency relationship The duties of the parties The liabilities of the parties Termination of the agency relationship Sole proprietorship Partnership Creation of a Partnership Rights and duties of partners Liabilities of partners Dissolution of a partnership Advantages of partnership Other types of business organizations Questions for Review Chapter 11 Corporations Learning Objectives Separate Legal Entity The Role of Agents Pros and Cons of Incorporation Advantages Limited Liability  Taxes  Succession and Transferability  Obligations of the Participants  Management  Disadvantages The Process of Incorporation Registration Letters Patent Articles of Incorporation Other Incorporated Bodies Capacity Funding Par-Value versus No-Par-Value Shares Special Rights and Restrictions Borrowing Closely Held and Broadly Held Corporations Corporate Directors, Officers, and Shareholders Directors (Managers) Within the Corporation  External Obligations  Officers and Senior Executives Promoters Shareholders Rights  Shareholder Protections  Dividends  Shareholder Agreements  Termination of the Corporation Summary Separate legal entity Pros and cons of incorporation The process of incorporation Funding Corporate directors, officers, and shareholders Termination of the corporation Questions for Review Chapter 12 Employment Learning Objectives What Is Employment? The Control Test The Organization Test, Risk Test, and Tools Test The Law of Employment The Employment Contract Termination Reasonable Notice  Just Cause  Dishonesty and Misconduct  Disobedience and Insubordination  Incompetence  Illness and Disability  Layoffs  Constructive Dismissal  Remedies for Wrongful Dismissal  Wrongful Leaving  Liability of Employer Legislation Impacting Employment Employment Standards  Termination  Issue Estoppel  Complaints  Human Rights  Health and Safety  Workers’ Compensation  Employment Insurance  Other Legislation  Collective Bargaining Legislation Organization of Employees Certification  Bargaining Agent  Unfair Labour Practices  Bargaining Ratification  Mediation and Arbitration  Terms of Collective Agreements Grievance Process  Arbitration  Strikes and Lockouts Picketing  Public Sector and Essential Services Union Organization Summary What is employment? The law of employment Collective bargaining Questions for Review Part 5 Property and Information Technology Chapter 13 Intellectual Property Learning Objectives Intellectual Property Copyright Matters Covered File Sharing Creation Ownership 2012 Amendments to the Copyright Act Fair Dealing  Copyright Infringement Other Exceptions Remedies The Copyright Board Patents Creation Trademarks Passing-off Industrial Designs and Integrated Circuit Topography Confidential Information Trade Secrets Remedies Regulating Information Technology Protecting Private Information Additional Challenges Dispute Resolution Regulatory Trends Criminal Activity and Other Abuses Summary Intellectual property Copyright Patents Trademarks Industrial designs Confidential information Questions for Review Chapter 14 Real and Personal Property and Protection of the Environment Learning Objectives Real versus Personal Property Real Property Interests in Land Estates in Land Fee Simple  Life Estate  Leasehold Estates  Lesser Interests in Land Tenancy in Common and Joint Tenancy Other Interests in Land Transfer and Registration of an Interest in Land Condominiums and Cooperatives Mortgages Equity of Redemption Foreclosure Right to Sell The Landlord–Tenant Relationship Leasehold Estates Types of Tenancies Rights and Obligations of the Parties Vacant Possession  Quiet Enjoyment  Repair of Premises  Termination  Tenants’ Obligations  Remedies Residential Tenancies Personal Property Chattels Finders Keepers Bailment Bailment for Value  Exemption Clauses  Common Carriers  Innkeepers’ Liability  Gratuitous Bailment  Involuntary Bailment  Additional Rights and Obligations  Protection of the Environment Common Law The Federal Government Provincial Legislation Other Important Issues in Environmental Projects  Summary Real property Mortgages Leasehold estates Personal property Environment protection Questions for Review Part 6 Commercial Transactions Chapter 15 Priority of Creditors Learning Objectives Methods of Securing Debt Personal Property The Traditional Approach  The Personal Property Security Act  Creating a Secured Relationship  Priority of Secured Creditors  Rights and Remedies upon Default  Guarantees Rights and Obligations of the Parties  Other Forms of Security The Bank Act   Floating Charges  Builders’ Liens  Negotiable Instruments  Letters of Credit  Related Laws Landlord’s Right to Distrain for Rent  Fraudulent Transfers and Preferences  Bankruptcy Introduction The Process Summary Methods of securing debt—personal property Personal Property Security Act Guarantees Other forms of security Related laws Bankruptcy—introduction The process of bankruptcy Priority among creditors in bankruptcy Bankruptcy offences After discharge from bankruptcy Alternatives to bankruptcy Questions for Review Chapter 16 Sales and Consumer Protection Learning Objectives The Sale of Goods Purpose and Application of the Sale of Goods Act Goods and Services  Transfer of Goods for Monetary Consideration  Title and Risk Transfer of Title  Rule 1  Rule 2  Rule 3  Rule 4  Rule 5  Rights and Obligations of the Parties Right to Convey Clear Title  Goods Must Match Description  Goods Must Be of Merchantable Quality and Fit for Purpose  Goods Must Match Sample  Other Implied Terms  Remedies on Default Seller’s Remedies  Buyer’s Remedies  Online Sales and International Transactions Online Purchases  International Transactions  Consumer Protection Federal Legislation Competition  Other Federal Legislation  Identity Theft  Provincial Legislation Responsibility for Goods  Unacceptable Business Practices False or Exaggerated Claims  Unconscionable Transactions  Prepaid Cards  Controlled Business Practices Methods of Control  Loan Transactions Debt Collection Processes  Consumer Service Bodies Negotiable Instruments Electronic Money Summary Sale of Goods Act Consumer protection Negotiable instruments Questions for Review [Show More]

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