Answered step by step
Verified Expert Solution
Link Copied!

Question

00
1 Approved Answer

After reading Alberta's contributory negligence legislation, choose the statement below that is FALSE: Select one: O a. Where a person may be partly responsible for

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed
After reading Alberta's contributory negligence legislation, choose the statement below that is FALSE: Select one: O a. Where a person may be partly responsible for the damages claimed, but is not yet a party to the lawsuit, that party may be added as a defendant on such terms that are determined to be just. O b. The name of the legislation is the Contributory Negligence Act. O c. The legislation indicates that certain questions in every action are questions of fact. O d. A person may be held liable for damage or loss even where that person's fault has not contributed to it. Most of Canadian tort law is derived from judges' decisions. Locate and read the decision of the Honourable Judge D.G. Redman in Semeniuk v. Ron's Bobcat Service, 2016 ABPC 231 (CanLll). Which statement below is INCORRECT? Select one: O a. The Court held the Defendant responsible for the costs associated with any clean up and repairs required as a result of its actions. O b. The Court held that accord and satisfaction was reached. O c. The Court held that no contract was agreed upon by the parties. O d. The Court held that the Defendant had no authority to enter upon the Plaintiff's land and provide services. Read, in particular, the portion of the judgment in Semeniuk v. Ron's Bobcat Service, 2016 ABPC 231 (CanLll), relating to the calculation of damages, as well as the conclusion. Thereafter, choose the statement below that is INCORRECT. Select one: O a. The Court granted judgment in the Plaintiff's favour in the amount of $20,892.07. O b. The Court held that the Defendant's conduct was high handed, oppressive, arbitrary and callous. O c. The Court cited case authority for the principle that the onus is on a plaintiff to prove her damages on a reasonable preponderante of credible evidence. O d. The Court cited case authority for the principle that the burden to show that a plaintiff has failed to take all reasonable steps to mitigate her loss is upon the defendant.One of the duties which a professional may owe is to abide by any code of conduct created by the governing body for the profession. In Alberta, lawyers have a duty to abide by the Code of Conduct established by the Law Society of Alberta and can face sanction for failing to adhere to the Code. Locate and read the decision in Law Society of Alberta v. Braun, 2019 ABLS 9 (CanLII). Choose the statement below which is FALSE. Select one: Q a. The sanction put forward for the Hearing Committee's consideration was a reprimand, fine of $1000.00 plus $1,522.50 in costs in relation to this matter. O b. Mr. Braun was admitted as a member of the Law Society of Alberta on February 29, 1980. At the time of the Order of the Hearing Committee being made, he had just under 40 years' experience as a practicing lawyer. O c. Mr. Braun admitted that he failed to follow the Law Society's trust accounting rules but denied that he failed to respond promptly or completely to the Law Society. O d. The Law Society of Alberta and Mr. Braun made a joint submission regarding sanction to the Hearing Committee. A friend is considering bringing an occupiers' liability action to the courts in Alberta, after being injured at a waterpark. You know that there is Alberta legislation in effect which is relevant to this type of action. Based on your research of Alberta's Occupiers' Liability Act. Select one: Q a. An occupier's liability under this Act in respect of a visitor may be extended, restricted, modified or excluded by express agreement or express notice. O b. This Act applies to or affects an employer's liability in respect of the employer's duties to employees. O c. An occupier owes a duty to every trespasser on the occupier's premises to take such care as in all the circumstances of the case is reasonable to see that the trespasser will be reasonably safe in using the premises. O d. The Contributory Negligence Act has no application, even where the occupier does not discharge the duty of care owed to the visitor and the visitor suffers damage partly as a result of the fault of the occupier and party as a result of the visitor's own fault.Veronica is interested in forming a partnership and is conducting research into partnership agreements. Based on her reading of her Business Law textbook, one of the following statements is incorrect. Choose the statement that is INCORRECT. Select one: O a. The rights of outsiders dealing with the partnership, are, without notice, unaffected by any agreement between the partners. O b. Any limitations on the powers or authority of each partner are not important matters that should be addressed in a contract creating a partnership. O c. It is a best practice to create a partnership through contract. O d. A partnership can be found to exist by the courts even where parties clearly state in a contract that they are not partners. Information about business corporations is provided online by the Government of Canada. Go to the Corporations Canada page on the Government of Canada website and search "Benefits of incorporating". According to the information contained on this page, the benefits of incorporating provincially and federally include: Select one: O a. Corporations are not separate legal entities. O b. A corporation stops existing when its owner dies. O c. Corporations have the same rights as a real person. O d. Corporate tax rates are generally higher than personal income tax rates. Ana has read about corporations in the Business Law in Canada textbook. Based on the material in the textbook, all of the statements below are true, except one. Choose the FALSE statement. Select one: O a. Directors may be held personally liable for taxes which are left unpaid by the corporation. O b. The shareholders elect directors at the annual meeting of shareholders. O c. A bankrupt person can serve as a director as long as the director is an adult and of sound mind. O d. Certain decisions, such as a fundamental change in the corporation, require shareholder approval.Read about tort law principles in the Business Law in Canada textbook (note that these are covered over two chapters). After you read this material, choose the statement below that is CORRECT. Select one: O a. The standard of proof in a tort action is "beyond a reasonable doubt". O b. Tort law requires fault to be demonstrated in all cases. The principle of strict liability is not recognized in Canadian tort law. O c. There are certain statutes which impact the obligations imposed at common law. For example, Alberta's Occupiers' Liability Act establishes the duty of care owed by an occupier to a visitor at the occupier's premises. O d. An employer cannot be held vicariously liable for an employee's tortious acts. A plaintiff who sues in tort must prove each of the elements of the tort. Review the torts below, along with their elements, and compare them to the information contained your Business Law in Canada textbook. One of the torts below is matched correctly to its elements. Identify the tort which is CORRECTLY matched to its elements. Select one: O a. Defamation: false statements made; derogatory to the plaintiff's reputation; publication or communication to a third party. O b. Trespass to chattels: deliberate interference with a person's body; no consent. O c. False imprisonment: forcing a party to do something that harms it using the threat of violence or some other illegal activity. O d. Intimidation: deliberate restraint; lack of lawful authority.Locate Bzdziuch v. Loblaws Companies Limited, 2019 ABQB 984. In particular, read parts I, II and IllA of the decision in their entirety. After reading, choose the statement below that is TRUE: Select one: O a. The parties argued about whether the Occupiers' Liability Act applied to the case. O b. The defendants called 3 witnesses, being the assistant store manager, a customer who witnessed the fall and a medical expert. O c. The plaintiff called 5 witnesses, including 3 doctors. O d. The trial judge accepted the plaintiff's liability position. Read in full, part IIIB of the Bzdziuch decision on damages. Identify the FALSE statement: Select one: O a. Alberta Health Services did not submit a claim. O b. The plaintiff claimed $200,000 in general damages and cost of future care. O c. At the time of the injury, the plaintiff was 77 years old. O d. In support of their damages' calculation, the defendants relied on cases that were not from Alberta. The Office of the Privacy Commissioner of Canada (OPCC) has information posted on its website that a business owner may find useful. Go to the website for the OPCC and find the page entitled "10 privacy tips for businesses". Which of the following is NOT a tip recommended on the page? Select one: Q a. Make sure your customers know who to speak to about privacy questions. O b. Inform customers about video surveillance use. O c. Think twice before collecting sensitive personal information, such as driver's licenses. O d. Refer all requests for access to personal information to the company's lawyer.Read the LawNow article, "Social Media Platforms: Should you be worried about your privacy?", published March 1, 2021 and written by Carolina Albuquerque. According to the article, it is TRUE that: Select one: O a. The author notes that social media platforms are well known for rarely updating their terms and conditions. O b. The article does not contain a disclaimer. O c. The author cites a decision from the Alberta Court of Appeal, Douez v. Facebook, for authority that a forum selection clause in the Facebook contract is unenforceable. O d. The author states that some social media platforms contain a forum selection clause, requiring a user to sue the platform in a specific jurisdiction, which may be another country. According to the "Social Media Platforms: Should you be worried about your privacy?" article, the statement that is FALSE is: Select one: O a. the Bjornsen v. Sharpe decision was from British Columbia. O b. Pinterest CEO's made public statements regarding Pinterest's desire to work with regulators towards a more privacy-focused platform. O c. social media can collect general information about yourself, more specific data and even information that you are not even aware of. O d. the most controversial situation where data collected by a social media platform is shared, involves the platforms providing reports and information to advertisers

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intermediate Microeconomics

Authors: Hal R. Varian

9th edition

978-0393123975, 393123979, 393123960, 978-0393919677, 393919676, 978-0393123968

Students also viewed these Law questions

Question

Differentiate among the types of clinical interviews.

Answered: 1 week ago