Questions and Answers of The Law Of Healthcare Administration

Is a “real estate agent” a true agent?
What is the effect when a principal ratifies a contract made on its behalf by an agent who lacked the authority to enter into the contract?
What are the limits of ratification by a principal?
How does an agent acquire actual authority?
How does an agent acquire apparent authority?
What is meant by “holding out”?
Is an agent entitled to delegate his or her duties to some other person?
Why should an agent not act for both parties to a transaction? What are the probable legal consequences of doing so?
In what circumstances may an agent be held liable on a contract that he or she has negotiated?
Can an undisclosed principal enforce a contract made on his or her behalf?
What is meant by “breach of warranty of authority”?
Distinguish between a franchise and a licence.
What restrictions are usually placed on a franchisee carrying on other business activities?
What is the relationship between a franchisor and the eventual customer of the franchisee?
Is the relationship between franchisor and franchisee a fiduciary relationship?
What are the principal additional protections given to franchisees by the Alberta, Ontario, P.E.I., and New Brunswick legislation?
Briefly describe two employees, each of whom has varying degrees of responsibility as agent.
How does an independent contractor differ from an employee?
Give an example of circumstances where an employee commits a tort but his employer is not liable. What element is necessary to make the employer liable?
After earning his B. Comm. degree, Bruce was hired as a junior accountant by Cargo Wholesale Inc. He received favourable assessment letters and salary increases after year one and year two. At the
Norman is hired as a waiter in a restaurant at a summer resort without any discussion about the length of his employment contract. He receives a weekly paycheque. He is let go without notice at the
On what grounds is a business justified in dismissing its employees without notice?
What are the main factors to be taken into account when assessing damages for wrongful dismissal?
When is reinstatement an unlikely remedy for wrongful dismissal?
Why is it not effective to define pay equity solely in terms of the market value of comparable jobs?
Describe briefly the benefits of and problems with compulsory retirement.
Why was it difficult before the passing of the Workers’ Compensation Act for an employee injured at work to obtain a remedy against her employer?
Under workers’ compensation legislation, who pays compensation to an injured employee?How are the funds raised?
Describe some of the main elements in a collective agreement.
In certain provinces and in federal jurisdiction, what happens when the parties do not succeed in making a deal for their first collective agreement?
What is the difference between a jurisdictional dispute and an interest dispute?
Collective agreements have been described by some commentators as being more like legislation for individual workers. Explain.
Quality Meat Packers Ltd. has major factories and warehouses from coast to coast. How does this fact complicate the company’s collective bargaining with its employees?
Describe the changing way in which banks are processing cheques.
What types of negotiable instruments are governed by the Bills of Exchange Act? What is money?
Describe briefly the respective uses of demand drafts, sight drafts, and time drafts in commercial practice.
What is the difference in legal effect between a drawer having her cheque certified and a payee later having the cheque certified?
Describe the three qualities of negotiable instruments that distinguish such instruments from ordinary assignments. How do these qualities make them commercially useful?
Donna draws a cheque payable to Edgar for “a maximum of $1000 for carpentry work.”Edgar completes the work while Donna is out of town and takes the cheque to his bank to cash it. The bank refuses
Describe the difference between a “bearer” instrument and an “order” instrument.
Explain the significance of a party transferring a negotiable instrument endorsed “without recourse.” When is this type of endorsement used?
J delivers a cheque for $500 in payment for a second-hand computer purchased from K. K inadvertently leaves the cheque on a restaurant table. Q picks it up from the table, forges K’s name, and
W delivers a cheque for $1000 in payment of a debt owed to X. X endorses the cheque to Y’s Second Hand Shop to purchase a television set. Y endorses the cheque to her landlord, Z, in part payment
Describe the requirements for a party to be considered a holder in due course.
You are the maker of a note in which you undertake to pay $500 to a moneylender on demand. Subsequently you pay an installment of $200 to the moneylender on this liability.What steps should you take
Gower has drawn a time draft on Cohen payable three months after sight to Jenkins.The draft is complete and regular, with the possible exception of a clause that Cohen, the drawee, is “to pay the
The endorsements appearing on the back of each of three negotiable instruments are reproduced below. An asterisk following a name indicates an actual signature. Identify each of the endorsements by
Wilma purchased a used minivan, including a three-month warranty on parts and labour, from Xenon Used Cars Inc. for $10 000. She paid $1500 down and signed a promissory note for $8500, payable in
What types of intellectual property are protected by law?
What are the principal costs and benefits of protecting intellectual property?
What are the essential elements of the tort of passing-off?
Are there any advantages to be gained in registering a trademark?
On what grounds may the registration of a trademark be opposed?
What are the principal rights possessed by an owner of copyright?
In relation to copyright, what are “moral rights”?
Does copyright exist in computer software?
For how long does copyright usually last?
In what ways may a person become an owner of copyright?
What constitutes “fair dealing” in relation to copyright?
What qualities must an invention have in order to be patented?
Why might an inventor choose not to register a patent?
What is meant by an “industrial design”?
In what circumstances should a business owner require a confidentiality agreement?
Define the terms “title,” “real,” “land,” “property,” and “estate.”
What factors have encouraged the growth of public regulation of land use?
Describe the two main classifications of interests in land. Distinguish between freehold and leasehold estates.
How does the existence of a life estate make selling land difficult?
Describe the nature of the interest that a spouse has in the family home. How did this interest evolve?
In what ways may title to land be acquired?
What are the principal differences between joint tenancy and tenancy in common?
Describe the two elements of ownership in a condominium and how they affect responsibility for maintenance.
What is the special nature of insurance for a high-rise condominium building?
In cooperative housing, who owns the property?
What are the reasons for limitation periods generally? How do they apply to land?
Distinguish between the circumstances under which an easement may be obtained by prescription and a title may be extinguished by adverse possession.
Describe the three typical characteristics of oil, gas, and mineral leases.
Distinguish between a restrictive covenant in a grant, a building-scheme covenant, and a zoning bylaw.
For decades, each winter Timson has openly entered the fields of an uninhabited farm adjoining his home and cross-country skied several times a week. He knows the Abel family that used to farm there,
What is expropriation and how does it take place?
What is the main difference between the registry system of registration and the land titles system?
How is electronic registration connected to the expansion of the land titles system?
What must a prospective purchaser of land do to ensure that the vendor has the right to transfer the property clear of any claims? Does the purchase of title insurance change this answer?
What is the purpose of a survey?
Define tenancy at will, term certain, overholding tenant, subletting, eviction, forfeiture, surrender , and quiet enjoyment .
What are the risks for a tenant if he limits his right to exclusive possession of the premises?Explain.
Should a leasehold interest be shown as an asset (with an equal and offsetting liability) on the balance sheet of a business? If so, at what amount?
Describe the difficulty caused by the strict covenant to pay rent as it relates to frustration in contract law.
What are the concerns of a landlord with respect to a tenant’s right to assign the remainder of a leasehold interest?
Lewis owns a five-bedroom house next to his own home in Niagara-on-the-Lake, and rents it to Tessa for three years. Tessa then applies for a licence to operate a bed and breakfast on the premises.
Describe the usual responsibilities of a landlord for repairs when a tenant leases only part of a building. How does this situation differ from a lease of an entire building?
Turner rented a store from Lauren on the ground floor of a multi-storey building as an art gallery to sell paintings and small statues. Turner’s hours of business were normal retail business hours.
How would you suggest that responsibility for insuring the premises be allocated in a large shopping mall? Describe the most difficult aspects of the problem.
What is the dilemma for the landlord when a tenant abandons the premises during the term of the lease?
Describe the landlord’s duty to mitigate after a tenant abandons the premises.
In what way may a tenant be in a difficult position when the premises burn down, even if the lease states that the rent is suspended until the premises are rebuilt?
What property is exempt from a landlord’s right to distrain?
Under the common law, how long a period of notice must be given to terminate a yearly tenancy? What is the meaning of “clear” as it relates to notice?
Oscar leased Blackacre from Brenda for five years at a monthly rent of $1200. Neither of them seemed to notice when the lease had expired. For several months, Oscar continued to pay his rent on the
Explain the importance of renewal clauses in business leases.
How is the relationship of a tenant affected by his landlord’s sale of her interest to a purchaser?What is the nature of the new relationship?

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