You work as an assistant to the HR manager of a construction firm, who has asked you to prepare a short report highlighting some of the concerns regarding health and safety in the workplace. You need to address the following issues-

a.You have been asked to identify two potential risks or hazards that could result in an accident occurring on construction sites. ( 2 marks)

b.Explain two preventative measures that could be taken to try to avoid or at least reduce the two potential accidents (you identified in question 1 a) from occurring. (2 marks)

c.An accident does occur on the construction site and injuries occur. There are two parties injured, an employee and a third party i.e. a visitor who was allowed near the site. Both parties want to claim damages. Explain the different procedures for the employee who is injured as a result of the failure on the part of the employer, as opposed to the 3rd party i.e. the visitor being injured. ( 2 marks)

d.Give one reason why it is in the employers financial interests to keep accidents to his workers, to a minimum.( 1 mark)

e.Find the Ontario Occupational Health and Safety Act, RSO 1990, c O.1 and explain under section 25(1) (d) the duty of an employer and under section 28 (2) (c) the duty of a worker. (2 marks). Do not cut and paste your answer.

f.The firm you work for has different categories of workers i.e. ,employees, dependent and independent contractors ,you have heard it said that the workplace health and safety standards apply only to employees, comment on the accuracy of this .(1 mark)

Total 10 marks

Question 2

a.Jessie is a salesman for a car dealership. He had been told specifically that he had no authority to make any sale, take a trade-in, or otherwise deal with the vehicles without the manager's express approval of every deal. One day Jessie was approached by Razio a customer, who wanted to buy a used BMV and agreed to pay the $40,000 asking price. Unfortunately, the manager was not there at the time so Jessie decided to write up the agreement. When the manager returned, he liked the deal and realized that the customer might change his mind when he realized that the salesman, Jessie didn't have the authority to bind the seller in contract. Under these circumstances, explain the action the manager could take, naming and explaining the legal principal involved and the effect. (3 marks)

b.Bob is in the process of assembling land for a construction firm, called XYZ Ltd, to build a condominium. He entered into a contract with the seller, Mario. Bob did not disclose that he was acting for someone else when he entered into the contract. What is this an example of and if there is a breach of contract, explain Mario's rights when he learns that Bob was acting for a construction firm XYZ Ltd. (3 marks)

c.An agent owes a fiduciary duty to act in the best interests of the principal and the third party. Comment on the accuracy of this statement and give two examples of what is meant by an agent's fiduciary duty.

(3 marks) Total 9 marks

Question 3.

After leaving college you and 2 of your friends decided to go into partnership and form a general partnership. You have carried out some research but you are still uncertain as to a few matters. Answer the following questions giving a clear explanation.

a.If there is no partnership agreement, and there are three equal partners, explain if you as one of the three partners ,will only be held liable for one third of the debts of the partnership but no more than one third.( 2 marks)

b.You understand that there are certain provisions under the Partnership Act that can be modified if you have a partnership agreement. Explain if you and your other partners decide to write a partnership agreement, if the provision concerning the sharing of the liability can be modified and how would this affect the claims of 3^rd parties? (2 marks) Total 4 marks

Question 4

You have inherited some money from your uncle. You are deciding how to invest that money and are considering buying shares in a corporation. There are so many corporations to choose from .You have heard that a corporation must issue a prospectus but are unsure as to what this means.

a.Explain the purpose of a prospectus and generally what information should it disclose. ( 2 marks)

b.Once you have chosen the corporation to invest in, you need to decide what type of share to buy, common shares or preferred shares. Explain one fact about common shares and one fact about preferred shares.( 2 marks)

c.Give one reason as to which type of share you would choose. ( 1 mark)

d.You also have a question about dividends. You have heard from a friend of yours who is a shareholder in ABC Corporation, which is a very profitable corporation that in spite of their success, the directors of the corporation refused to declare a dividend as they wanted to invest the money into research and development. Your friend and the other shareholders are angry and are considering raising an action for non-payment of the dividend. Explain if your friend is likely to be successful .( 1 mark)

e.Explain if it is true that once you become a shareholder, you have an obligation not to compete with the corporation? ( 1 mark )Total 7 marks