Question
Please answer the below questions: Question 1) To succeed in an action for negligence against a professional, the plaintiff must prove that the professional breached
Please answer the below questions:
Question 1) To succeed in an action for negligence against a professional, the plaintiff must prove that the professional breached the standard of care. What is the standard of care imposed on a professional?
O a. That the professional acts in accordance with the standard contracted for by the client
O b. That the professional acts sincerely and with goodwill
O c. That the professional acts to the best of his or her ability
d. That the professional acts as a reasonably competent professional
Question 2) Martha was a shareholder in a public biotech company run by her husband. She sold her shares the day before the company announced a majorfailure of one of its research projects. The share price went down significantly as a result of the failure. An investigation into Martha's actions might reveal that:
O a. She is smart businessperson who saw the writing on the wall for the biotech company
O b. She was a tippee
O c. Her husband was engaged in insider trading
O d. All of the above
Question 3) Sara is a director on the board of Tutoring Services Inc. Sara's husband Amar works for D's Desks, a company that sells office furniture. Tutoring Services needs new desks for its classrooms, so Sara introduces the manager to her husband Amar. If Sara:
O a. finds another supplier of desks, she has fulfilled her duty of competence
O b. finds herself in a self-dealing contract scenario, she should not tell anyone.
O c. discloses her connection to Amar and removes herself from the negotiations she has served Tutoring Services fairly and has not breached her fiduciary duty
d. negotiates a great discount for Tutoring Services on desks, she has fulfilled her fiduciary duty
Question 4) Sue, Raina and Roni want to form a publishing business together based in Toronto. Roni has the most business experience and is the only one who can afford the time to manage the business. The group has which of the following options for organizing their business:
O a. Incorporate a corporation in Ontario and all become shareholders
O b. Incorporate a corporation in Canada, all become shareholders, and hire Roni as the CEO
O c. Make a partnership in Ontario
d. Build a limited partnership in Ontario and make Roni the General Partner.
O e. Any of the above
Question 5) In a circumstance where a shareholder has abused her power and committed fraud while hiding behind the protection of her limited liability in a corporation, a court:
O a. may allow the corporation to buy out the interest of that shareholder
O b. will never look behind the corporate wall to the responsibilities of a shareholder
c. may lift the corporate veil to find the shareholder responsible for the liabilities of the corporation
Question 6) A limited liability partnership involves:
O a. A partnership in which some of the partners limit their liability to the amount of their capital contributions and are not active in the conduct of the business
O b. A partnership in which partners who are not negligent are not personally liable for losses caused by the negligence of another partner or of
an employee directly supervised by another partner
O c. A partnership in which partners who are not negligent are personally liable for losses caused by the negligence of another partner or an
employee directly supervised by another partner
O d. None of the above
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