Questions and Answers of The Law Of Healthcare Administration

What is the test now applied in Canada to determine whether a professional owes a duty of care to a person for a negligent misstatement?
Can a client choose to sue a professional adviser in either contract or tort? What factors will influence the decision?
How did the decision in Hedley Byrne v. Heller & Partners address the issue in Question 5?
Why were the courts initially reluctant to recognize liability for negligent misstatements to persons who are not clients?
How does a fiduciary duty differ from the duty of care owed in negligent misrepresentation?
What must a plaintiff prove to establish negligent misrepresentation?
Why might it be difficult to establish contributory negligence as a defence in a case involving negligent misrepresentation?
When will a professional be liable for an omission?
What are the objections to a “hindsight” approach in determining the appropriate standard of professional care?
What is the essence of causation in most professional–client relationships?
What are the main responsibilities imposed or assumed by professional bodies?
Should professional bodies be allowed to discipline their members, or should discipline be left to the courts?
What are the potential advantages and possible disadvantages of multi-disciplinary partnerships?
Distinguish an offer from a promise.
What is a standard form contract? Describe the different ways in which it may be accepted.
Explain the importance of notice of terms in a standard form contract. To what extent does the law protect the interest of the public in standard form contracts?
Describe the ways in which an offer may come to an end.
What is the legal effect of a counter-offer?
“We cannot be obligated by people who do work for us without our knowledge.” Why?
Can acceptance be effective from the moment a letter of acceptance is mailed even when the offer was not itself made through the mail?
What does it mean to “purchase an option”?
What does it mean to “invite tenders”? When is a contract normally created in the tendering process?
What elements are required for an acceptance to be effective?
Explain the different rules that apply to offer and acceptance when, rather than using the postal system, the parties communicate by telephone.
Should the same offer and acceptance rules apply to the sending of responses by fax or email? Why?
Explain the difference between unilateral and bilateral contracts.
Did the Carlill case concern a unilateral or a bilateral contract?
What is the effect of an agreement in which the parties state that certain terms will be discussed and agreed upon at a later date?
Give an example of circumstances in which the rule “An offer must be communicated before it can be accepted” would operate.
Is it true that an acceptance must be communicated before a contract can be formed?
May a person withdraw a bid he makes at an auction sale before the fall of the hammer?
Describe how a promise may become binding although the promisor receives no benefit herself.
How “valuable” does consideration have to be to make a promise binding? When might a court review the value of consideration?
How might the above situation apply to a promise of a charitable donation?
Describe the nature of consideration in an out-of-court settlement.
Why is gratitude not a sufficient consideration to bind a promisor?
Describe how one important defect in the consideration rules has been remedied by statute in five of the provinces.
Describe the differing points of view taken in “equitable estoppel” and “injurious reliance.”
In what ways might the common law rules about the need for consideration be unsatisfactory for business purposes in altering an existing contract? How can the defect be remedied?
Explain the requirements necessary to successfully apply equitable estoppel.
What question remains unresolved in the application of the concept of injurious reliance by the Canadian courts?
How does quantum meruit differ from doing a friend a favour?
Why has subordinate legislation come to prominence?
What are the advantages of a settlement over a court trial?
Define appellant ; respondent ; counterclaim ; counsel ; bench ; writ ; settlement ; pleadings ; party and party costs ; res judicata .
How is the legal infrastructure of a country significant for business?
What is legal liability?
Distinguish between criminal liability and civil liability.
“We have a parliament to pass laws, a government to administer laws, and a police department to enforce laws. Ironically, these potent instruments for the restriction of liberty are necessary for
How does the operation of an appeal court differ from that of a trial court?
Motion pictures and television programs are responsible for a misconception about the way in which trials proceed. Explain.
Describe the basic difference between the systems of courts in the United States and in Canada.
What is a “class action” and when do parties use them?
How does a judge decide a case when there is no precedent available in earlier decisions?
Explain why a legal rule in one province may differ from that in another province.
One of the major purposes of private law is to settle disputes between businesses. How can the settlement of a particular private dispute make a contribution to the business community as a whole?
“I was never ruined but twice; once when I won a lawsuit and once when I lost one.” How can a successful litigant lose?
Explain the nature of a “contingency fee.” How are contingency fees used in Canada?
What are the advantages that make ADR an attractive means of settling disputes?
What strategies are available to business to avoid the application of government regulation?
How does the Constitution divide the power to regulate business among the various levels of government in Canada?
Which provisions of the Charter have particular application to business activity?
What changes to the business environment strengthened the need for consumer protection legislation?
What are the principal forms of misleading advertising that are prohibited by the Competition Act, and what are the consequences?
What is a conspiracy? How does the Competition Act categorize conspiracies?
How does a court determine if competition has been unduly lessened?
Give examples of the principal types of abuse of dominant position.
Why is it thought necessary for governments to control mergers?
Why are horizontal mergers more likely to affect competition than other types of mergers?
Why is the determination of the relevant market essential to the application of competition law?
What is the purpose of environmental impact assessment review?
What is the origin of the word “tort,” and what does it mean?
What is the principal purpose of tort law?
What is meant by “strict liability”? Should liability ever be “strict”?
Who should bear the loss resulting from an automobile accident? What are the alternatives?
What is the main justification for the principle of vicarious liability?
What must a plaintiff prove in order to succeed in an action based on negligence?
In what circumstances may a public authority be held liable for damage resulting from its failure to carry out a statutory duty imposed on it?
How do the courts determine the appropriate standard of care to be expected of a defendant?
Is the “but for” test an appropriate way of determining causation?
What is meant by “economic loss”?
Should an injured party be able to recover damages despite the fact that her own conduct was negligent and contributed to the injury?
Is it relevant in a tort action that the injured party has taken out insurance against the loss sustained?
When is a manufacturer under a duty to warn?
What is the test in most Canadian provinces for establishing the liability of occupiers for injury to lawful visitors? Are trespassers treated differently?
What is the difference between a public and a private nuisance?
What constitutes false imprisonment?
Distinguish between libel and slander. What is meant by “privilege” in the context of defamation?
What are the requirements for establishing that the tort of unlawful interference with economic interests has been committed?
What are the features of a legal risk management plan?
Why have business enterprises adopted codes of conduct?
What is the special role of the courts in a federal country?
What are residual powers? Concurrent powers?
What makes a “constitutional defeat” before the courts so serious for a legislature?
What strategies does business use to manage legal risk?
What is the special meaning of “public law” as distinct from “private law”?
If a citizen claims a provision in a statute to be unconstitutional because it is contrary to the Canadian Charter of Rights and Freedoms, must the government then show it is constitutional?Explain.
Which activities are governed by the Charter and which are not? Describe the distinction.
Distinguish the civil law system from the common law system.
Explain the theory of precedent and its values.

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