Please answer by order
uestion 1 Sam is interested in forming a partnership and is conducting research into partnership of yet agreements. Based on his reading of his Business Law textbook, one of the following statements is not correct. Choose the statement that is NOT CORRECT. Marked out of Select one: Flag a. The circumstances in which the partnership will be dissolved is an important matter and should uestion be included in a contract creating a partnership. b. Where parties clearly state in a contract that they are partners, this is conclusive evidence that a partnership has been created and the courts cannot find otherwise. c. Even where parties clearly state in a contract that they are not partners, a partnership can still be found to exist by the courts. O d. It is a good idea to create a partnership through evidence in writing. Question 2 Locate the legislation in Alberta which applies to partnerships. Under this legislation, the Not yet Lieutenant Governor in Council may make regulations regarding the matters below, with one answered exception. Identify the EXCEPTION. Marked out of 1.00 Select one: Flag a. governing name requirements for Alberta LLPs. question b. imposing terms and conditions on limited liability partnership registration under Part 5 including, without limitation, regulations which authorize the Registrar to impose terms and conditions. c. establishing or providing for the manner of establishing fees to be charged in respect of anything done and any service or thing provided under this Act. d. applications for registration of limited liability partnerships under Part 3.stion 10 Read about tort law principles in the Business Law in Canada textbook (note that these are vet covered over two chapters). After you read this material, identify the statement below that is wered INCORRECT. ked out of Select one: Flag O a. Tort law generally requires fault to be demonstrated. stion b. An employer's liability for employees' actions while carrying out their employment duties is the principle of vicarious liability. An employer is held vicariously liable for their employees' actions even though the employer has done nothing wrong. O'c. Vicarious liability is not a form of strict liability. O d. Liability even in the absence of fault is the principle of strict liability.tion 11 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 eren Canada textbook. One of the torts below is matched correctly to its elements. Identify the tort ed out of which is CORRECTLY matched to its elements. lag Select one: tion O a. Intimidation: deliberate restraint; lack of lawful authority. b. False imprisonment: forcing a party to do something that harms it using the threat of violence or some other illegal activity. O c. Defamation: false statements made; derogatory to the plaintiff's reputation; publication or communication to a third party. O d. Trespass to chattels: deliberate interference with a person's body; no consent. estion 12 The Office of the Privacy Commissioner of Canada (OPCC) has information posted on its website it yet that a business owner may find useful. Go to the website for the OPCC and find the page swered entitled "10 privacy tips for businesses". Which of the following is NOT a tip recommended on arked out of the page? 00 Select one: Flag gestion a. Think twice before collecting sensitive personal information, such as driver's licenses. b. Refer all requests for access to personal information to the company's lawyer. c. Inform customers about video surveillance use. d. Make sure your customers know who to speak to about privacy questions.on 15 A student-at-law who is training to become a lawyer in Alberta is required to abide by certain policies during their articling year. Failure to abide by these policies can lead to sanction. Locate and read the decision in Law Society of Alberta v. Brehm, 2020 ABLS 10 (CanLil). After I out of reading this decision, choose the statement that is TRUE. on Select one: O a. Mr. Brehm was reprimanded, fined $10,000.00 and ordered to pay costs of $1,575.00. O b. The law society complaint brought against Mr. Brehm led to five citations against him. O c. Mr. Brehm was found not to have breached the terms of the CPLED Professional Integrity Policy. O . d. Mr. Brehm was informed, through his reprimand, that a practicing lawyer's life is often filled with stress and he would need to be prepared to deal with such stress if he intended to proceed with a career in law.on 5 After reading about corporations in the Business Law in Canada textbook, Ajay is considering the possibility of incorporating a corporation. Based on his reading, one of the following ed statements is true. Choose the statement that is TRUE. d out of Select one: a. While it is possible to incorporate a corporation at the federal level, it is not possible to on incorporate at the provincial level. b. A sophisticated client knows that it is always best to incorporate federally. c. Generally speaking, a closely held corporation is one in which there are numerous shareholders. d. A corporation that is federally incorporated can carry on business in any part of Canada, provided it goes through the formality of registering extra-provincially in each province.stion 6 Most of Canadian tort law is derived from judges' decisions. Locate and read the decision of the vet Honourable Mr. Justice A.D. Mcleod in Warner v Calgary Regional Health Authority (Rockyview weren General Hospital), 2020 ABQB 172 (CanLll). Read the "Analysis" portion of the decision, then rked out of choose the statement below that is CORRECT. Flag Select one: estion a. The Plaintiff failed to prove causation. b. Relying on a Supreme Court of Canada case, the trial judge held that the Plaintiff has the onus to prove on a balance of probabilities that the Defendant's negligence was the sole cause of the injuries. O c. The trial judge rejected the evidence of the medical witnesses d. The Defendant disputed the Plaintiff in three areas: her position on causation relating to her injuries; the damages which would return the Plaintiff to her original position; and the categories of damages claimed. uestion / Read, in particular, the portion of the judgment in Warner v Calgary Regional Health Authority lot vet (Rockyview General Hospital) (CanLII), relating to the assessment of damages. Thereafter, iswered choose the statement below that is INCORRECT. larked out of .00 Select one: Flag a. The Defendant suggested the sum of $155,000.00 in general damages for the Plaintiff. uestion b. The Plaintiff sought special damages of $300,000.00 from the Defendant. O c. The trial judge cited a Supreme Court of Canada case (Andrews v Grand & Toy Alberta Lid.), in outlining the purpose of non-pecunia y general damages d. The Plaintiff was award I gen for non-pecuniary losses in the amount of $234,000 (plus interest)tion 8 One of the torts covered in the course is nuisance. An Alberta case which involved both a claim in nuisance as well as negligence, is Meadows v. Proctor, 2012 ABPC 360 (CanLII). After reading this case, identify the statement below which is NOT correct. d out of Select one: ag a. The Court heard evidence, among other things, of calls to the police as well as calls and ion attendance by the by-law officer. O b. The growing of the Defendants' tree is not a natural use of the Defendants' land and is an unreasonable use of the Defendants' land. c. This case involves a dispute between neighbours relating to a tree and a fence. d. Occasional debris which falls from a tree onto a neighbour's property does not constitute a substantial or unreasonable interference with that property. stion 9 You are considering suing someone for negligence in the Court of Queen's Bench in Edmonton. yet A friend has told you that there is legislation in effect in Alberta which may lead a court to find vered shared liability. Before consulting with a lawyer about your potential action, you conduct some
