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law for business

Questions and Answers of Law for Business

Hannah's Holiday Foods Inc (HHF) operated a slaughterhouse where it killed, butchered, and packaged "exotic" animals, including rabbits and possums. HHF's business was fully licensed and entirely
Is it generally possible for a restaurant owner to arrest a person who refuses to pay the full amount of a bill? Explain your answer.
Identify and explain two types of statutes that may allow a private citizen to arrest a person.
“Trespass to land is an all-or-nothing idea. Assume that the defendant was not a trespasser when she walked onto the plaintiff ’s property. Although the plaintiff may ask the defendant to leave,
Does a person commit a trespass to land by walking into a store if the owner of the store actually did not want any visitors? Explain your answer.
“The tort of trespass to land is based on the ‘giant carrot’ theory.” Is that statement true? Explain your answer.
When will a court impose an injunction to stop a continuing trespass to land?
Explain the special dangers that the tort of conversion presents when a business person buys chattels.
“The tort of conversion operates differently depending upon whether the plaintiff ’s property consists of money or other types of goods.” Is that statement true? Explain your answer.
What is the difference between a complete defence and a partial defence? Provide examples of each.
Many of the torts examined in Chapter 5 require proof of the defendant’s “intention.” Is “intention” defined the same way for all torts? If not, suggest a reason why different torts use
DeJohnette Developments was in the process of building a recording studio. It agreed to purchase about $5 000 000 worth of sound equipment from Peacock Electronics Inc. Jarrett Koln, who custom
The tort of conspiracy always requires proof that the plaintiff and the defendant agreed to commit a crime together.” Is that statement accurate? Explain your answer.
The cement-manufacturing business is a cutthroat industry. For many years, a small number of large companies, including Ash Inc and Izzy Supplies Ltd, have enjoyed a virtual monopoly. They have
The courts sometimes say that the tort of intimidation cannot be based on a threat to commit a breach of contract. Why does that apparent rule apply to two-party intimidation but not to three-party
By early July, Arvid had become quite nervous about his ability to afford the upcoming school year. Fees, tuition, and books were estimated to cost $10 000. Leaving aside money needed for rent and
The defendant has threatened to breach an existing contract. When, if ever, can that threat provide the basis for a successful claim under the tort of intimidation?
The Alkabe Corporation owned a large piece of land on which it planned to develop a shopping mall. When the starting date of that project was delayed, the company erected a one-metre-high fence
“The unlawful means tort is parasitic.” Explain the extent to which that statement is true.
Hamilton House is a charming country home, situated on a small piece of land, several kilometres from a nearby city. It was built about a century ago. Until quite recently, it sat next to empty crop
“There is really no difference between interference with contractual relations and the unlawful means tort.” Explain the extent to which that statement is true.
The Putrescible Food Company operates a plant that processes and packages a wide variety of foods, including meats and vegetables. In the course of doing so, it generates a large amount of waste
It is sometimes said that the tort of deceit requires a statement of fact. How is a statement of fact different from an opinion, a prediction, or a puff? Why is a statement of fact necessary?
It is sometimes said that the tort of deceit requires a statement of fact. How is a statement of fact different from an opinion, a prediction, or a puff? Why is a statement of fact necessary?
A new runway was added to the Vancouver International Airport. As usually occurs with large infrastructure projects, the development was governed by statutes and regulations. That legislation
“The courts do not like liars. Consequently, damages are available in tort law for every loss that the plaintiff suffered as a result of relying on something that a liar said.” Is that statement
Why is publication critically important to the tort of defamation? Why do I not commit the tort of defamation if, in the course of a private conversation, I wrongly accuse you of some horrible crime?
Tony Twist was a professional hockey player with the Quebec Nordiques and the St Louis Blues. During his career, he was known as an enforcer-while playing in the NHL for a decade, he amassed only 10
Explain the defences of absolute privilege and qualified privilege. Outline the situations in which those defences will apply.
Malcolm Maxwell is the host of a popular radio program. The program's popularity is largely based on Maxwell's reputation for making outrageous statements. Maxwell was in rare form during a recent
Describe the defence of fair comment. Why is that defence especially important to businesses such as newspapers, magazines, and television broadcasters?
Canaural Inc was a small Canadian company that manufactured audio components. Until recently, the brains behind the operation were two key employees: Jurgen Ballack and Karl Heinz. DeutscheSonic GmbH
The tort of defamation protects reputations. Does it protect the reputation of a person’s property or business as well? If so, explain how it does so. If not, does any other tort do so? Explain
Describe the main problems created by the common law’s traditional approach to occupiers’ liability. How have Canadian courts improved that tort?
The federal government operated a program under which it leased land to Aboriginal Canadians. It entered into one such lease with David Cardinal, a member of the River Valley Band. Shortly
Explain the general approach of occupiers’ liability legislation. In what ways are the statutory rules significantly different from the common law rules?
Can a landlord ever be held liable under the tort of occupiers’ liability if a claimant is injured while visiting a property that is being rented by a tenant? Explain your answer.
What factors do the courts consider in deciding whether the defendant has committed the tort of nuisance? What is the most important factor?
What remedies are available for the tort of nuisance? How does a judge decide which remedy to award in any particular case?
What do the courts mean when they say that a person can be held liable under the rule in Rylands v Fletcher only if there has been a “non-natural use” of land? Why is the meaning of that term
Why is the rule in Rylands v Fletcher considered a strict liability tort?
Explain three defences that may be available against the rule in Rylands v Fletcher.
John Brokaw was interested in purchasing an apartment building. He was, however, very concerned about the price. Since he did not trust the revenue figures that the vendor had provided, he hired
How will a court decide whether or not a duty of care will exist in a particular case?
Frank Carra drives a truck for Weide Transport Ltd (WTL). During an otherwise routine journey, a deer jumped onto the highway and caused Carra to swerve out of his lane and onto a strip of gravel
Does the duty of care analysis differ if the plaintiff complains about psychiatric injuries rather than physical injuries? Explain your answer.
Renata owns an importing business. She sought legal advice regarding the possibility of obtaining government approval to enter into a particular contract to purchase widgets from a company in Peru.
“The tort of negligence normally is not available if an employee wants to complain that they suffered mental distress as a result of an employer’s carelessness.” Is that statement true? Explain
In February 1983, Pia entered the hospital for a simple operation. During that procedure, she received a blood transfusion. Although the operation was entirely successful, Pia was diagnosed with HIV
Explain the concept of reasonable foreseeability. How is that concept related to the issue of risk management? At which stage(s) of the negligence analysis does the concept arise?
Arthur Fairchild contracted mesothelioma, an incurable and fatal disease, as a result of inhaling an asbestos fibre. He had been repeatedly exposed to asbestos fibres while working for five different
“The standard of care requires everyone to act like a reasonable adult would act. That rule may seem harsh when it is applied to a child. The rule is acceptable, however, because it allows the
For many years, the Funch Gum Company sold a product that it called "aspargum," a low-calorie gum made from asparagus and other ingredients. Although aspargum never enjoyed great success in the
Summarize the factors that a judge considers in deciding whether the defendant breached the standard of care.
The plaintiff was a fastidiously clean man with a fastidiously clean house. For health reasons, his family consumed only purified, bottled water, which he purchased from the defendant company. While
Will a court find that professionals breached the standard of care if they complied with an approved practice? Explain your answer.
Claire brought her truck to Darius's garage for repairs. In the course of the job, Darius carelessly punctured the gas tank. Fuel leaked onto the floor of his garage and was ignited when he
Mr Aldous Lagden owns a 10-year-old Honda Civic. The vehicle was badly damaged in a collision with a car owned by Ms Georgia O'Connor. Lagden took his car to an auto body shop for repairs, which
In the context of product liability, identify three ways in which the defendant’s carelessness may create an intolerable risk of injury for consumers. Are the courts equally willing to impose
Casey has a well-earned reputation for being immature and irresponsible. She works in a warehouse that is owned by Finnegan Inc. Two weeks ago, she spent much of a workday goofing off and hiding in
Is the but-for test always applied to resolve the issue of causation? Illustrate your answer with an example.
Explain the meaning of the phrase “joint and several liability”. Provide an example in which that concept would apply.
What is the basic test for resolving the issue of remoteness? Must the plaintiff prove that a reasonable person would have foreseen both the type of harm that occurred and the manner in which it
What is the difference between a “thin skull” and a “crumbling skull”? When does each of those concepts apply? Explain your answer.
When will an intervening act cause a court to find that the plaintiff ’s loss is too remote?
What is the main reason why Canadian courts prefer the defence of contributory negligence to the defences of voluntary assumption of risk and illegality?
Outline three situations in which the defence of contributory negligence can arise.
What is “apportionment”? Why was that principle introduced into Canadian tort law? Was it introduced by judges or by legislators?
Outline the steps a business should take to ensure that it will be protected by the defence of voluntary assumption of risk.
What is a “learned intermediary”? Explain the significance of that concept in the context of the tort of negligence.
What is meant by the term “meeting of the minds”? How is it significant to the formation of contracts?
Ziggy Sounds Ltd is a music production company. It frequently needs to update its equipment as technology develops and styles change. For many years, it has contracted with David Jones Inc (DJI) to
What is a “comfort letter”? What rights and obligations do the parties have under a comfort letter?
Danuta Swinton was unhappy with a very large maple tree in her front yard. She therefore contacted West End Tree Service (WETS) to discuss the problem. At the end of their discussion, WETS's manager
What risks are associated with offers? Describe two techniques by which the courts reduce those risks.
The City of Darlington, which wants to build a new recreational centre, places an advertisement in a local newspaper requesting that contractors submit tenders. The newspaper advertisement states
Provide a translation of the phrase quantum meruit. Briefly explain the significance of the phrase in connection with the law of contracts.
Parktown Realty Inc developed an upscale condominium complex. On October 1, Miranda Wine signed an offer to purchase one of the units. Part of that document said, "This offer is irrevocable by the
Why do the courts generally rely upon an objective test rather than a subjective test when deciding contractual issues?
Birinder was considering the purchase of a laptop computer, but he was not yet sure exactly what he needed. He visited Singh's Computer Shop and explained his situation to the saleswoman. She said
What is an “option”? When and why is an option important?
Ahmad owned Regent Arms, an apartment block in downtown Vancouver, which he wished to sell. He knew that Felicity, a real estate developer, was interested in such properties. Therefore, on Thursday,
Distinguish between an offer and an invitation to treat. Give an example of each. How does the distinction help to promote commercial activity?
Distinguish between an offer and an invitation to treat. Give an example of each. How does the distinction help to promote commercial activity?
Briefly discuss the commercial and ethical implications of revoking a firm offer.
On October 15, Olaf mails a letter in Winnipeg offering to sell widgets to Simone. The next day, before Simone receives Olaf 's offer, he sends another letter from Winnipeg revoking his offer. Simone
What is a “cross-offer”? Can two cross-offers create a contract? Explain your answer.
Ten years ago, Edgar's daughter, Tina, married Hussein.Because the young couple could not afford to buy a house by themselves, Edgar placed a down payment of $90 000 on a home and told his daughter
Describe how the tendering process works. Explain the two types of contracts that are involved.
Describe how the tendering process works. Explain the two types of contracts that are involved.
Identify and briefly explain the various ways in which an offer may come to an end.
Ekaterina owned a farm in a remote region of Saskatchewan, which she had been trying to sell for several years. In late November, Rasheed faxed her an offer to purchase the property for $50 000 and
“As long as it is communicated to the offeror, acceptance is always effective, even if it is communicated in a different manner than the original offer.” Is that statement true? Explain your
Connie and Michael Fikowski owned Saskatchewan River Bungalows Ltd (SRB). That company purchased an insurance policy on Michael's life and named Connie as the beneficiary. The policy was purchased
What is the effect of rejecting an offer? Why do you think the rule is set up this way? If you change your mind after rejecting an offer, what can you do to revive the transaction?
What is a “counter-offer”? What effect does a counter-offer have on an offer?
Describe the problems that arise from a “battle of the forms.”
What is the difference between a bilateral contract and a unilateral contract? How is each type of contract accepted?
Can an offer ever be accepted through the offeree’s silence? Why or why not?
What is the difference between instantaneous and noninstantaneous forms of communication? How is that difference relevant to the formation of contracts?

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