Questions and Answers of The Law Of Healthcare Administration

Give an example of when a party to an unenforceable contract may nevertheless recover money he has paid to the other party.
Why does a dictionary definition of a word not always clarify its meaning in a contract? Give an example.
Explain and give an example of special usage of a word.
What are the primary goals of a court in interpreting a contract?
Name four ways in which a party may persuade a court that the parol evidence rule does not apply to the term or terms it asserts were part of the contract.
What is an implied term? Give an example from question 5 above.Data from in Question 5State which of the following contracts are affected by a statutory requirement that would permit the promisor to
When a contract is subject to a condition precedent, does the contract nevertheless still exist? May either party simply withdraw from the contract before the condition precedent has been met? Again,
Define the following terms: third party ; assignor ; constructive trust ; beneficiary ; chose in action .
Give an example of vicarious performance by a party other than an employee.
How has the privity of contract rule been modified with respect to insurance?
Describe the significance of exemption clauses in contracts performed by third parties.
P contracted with Q to move equipment from one of Q’s buildings to another site. R, an employee of P, damaged some of the equipment. What facts must Q establish in order to hold P liable for R’s
Describe the exception made for consumer negotiable instruments.
A debtor owed his creditor $2000. The creditor assigned her right to collect this debt to another person, X. The assignee, X, delayed in sending notice to the debtor that he was now the party
Anderson, a skilled mechanic, agreed to do some car repair work for Bartlett. Anderson was busy when the car was delivered for repair and gave his friend Gauche the work to do, without consulting
Give two examples of involuntary assignments.
What are the requirements for a statutory assignment? Describe the business advantages associated with such assignments.
Explain the two types of assignment by operation of law.
Is notice required to assign a negotiable instrument? Explain.
What are the consequences for a creditor who refuses a tender of performance by the debtor?
Describe the nature of the consideration given by the parties to a waiver.
When a party admits liability for breach, what is his best course of action? Explain.
In what respect does the arrangement known as accord and satisfaction involve a discharge of a contract?
Describe the role of novation in the purchase of a going business.
Does a contract exist at all before a condition precedent has been satisfied? Explain.
Why may an “option to terminate” clause be described as a condition subsequent?
The principles of mistake and discharge by frustration may both relate to contracts in which the subject matter is non-existent. How do these principles and their remedies differ?
What else, apart from physical destruction of the subject matter of a contract, can result in frustration of the contract?
Is substantial hardship in performing sufficient to excuse a promisor from performing?Explain.
James had contracted to give a talk and demonstration on resolving human relations conflicts in small organizations for a management consulting firm. After dinner with his hosts the evening before
Give two examples of the shortcomings in the Fibrosa case.
In what important respect has the British Columbia Frustrated Contracts Act provided a fairer solution when a contract is frustrated?
What three conditions are required for the Sale of Goods Act to apply to a frustrated contract?Does the Act apply to a case where the goods have been impounded by the government?
Suppose P contracts to buy 10 tonnes of corn grown in the county of Haldimand from S.Because of a local drought there is insufficient corn, but S can quite easily obtain corn of the same quality from
In what respect may bankruptcy bring about the discharge of contracts?
Why does a major breach not automatically discharge a contract? Give an example.
Describe two ways in which anticipatory breach may occur.
In what types of contracts does it become particularly difficult to ascertain whether a breach is sufficient to allow the injured party to be freed from its part of the bargain? Explain.
Describe why the doctrine of substantial performance is of practical importance.
What is the reasoning behind the requirement that an injured party mitigate its losses?
When a buyer refuses to accept delivery of goods, explain the significance of supply and demand when determining the value of damages suffered.
Explain the attitude of the courts toward exemption clauses.
Give an example of strict interpretation of an exemption clause.
In what circumstances might a court grant an interlocutory injunction?
When a judgment debtor refuses to pay the judgment, what recourse does the judgment creditor have?
Describe the nature and purpose of liquidated damage clauses and how they are distinguished from penalty clauses.
Define expectation damages, consequential damages, and specific performance. Give an example of each.
What was the principal purpose of the original Sale of Goods Act?
Distinguish between ownership and possession.
How are “goods” defined in the Sale of Goods Act? What types of personal property are not within the definition?
Is a contract for the installation of a central heating system a contract for the sale of goods?
What is the distinction between a sale and an agreement to sell?
What is meant by a “consignment”?
When does the caveat emptor principle apply to the sale of goods?
Distinguish between the implied term as to fitness and the implied term of merchantable quality.
What is the significance of an article being sold under its trade name?
What terms are implied in the case of a sale by sample?
What does it mean to say that the courts interpret the time set for payment as a warranty unless the parties have expressed otherwise?
What determines who bears the risk of loss when goods that are the subject matter of a contract of sale are destroyed?
When does title pass in the case of specific goods that are in a deliverable state?
In what circumstances can a person who is not the owner of goods pass a good title to them?
What is the distinction between unascertained goods and future goods?
When does an unpaid seller have a lien on the goods sold? When is there a right of repossession?
Who is a consumer?
What is the purpose of a cooling-off period?
How does the Competition Act attempt to prevent fraudulent telemarketing?
What is the principal difference between an operating lease and a purchase lease?
Distinguish between a security lease and a finance lease.
What warranties will normally be implied in a chattel lease?
What are the main perceived advantages of leasing capital assets as opposed to borrowing in order to purchase them?
Why would a business enter into a sale-and-leaseback transaction?
If a lessee defaults in paying the rent, is the lessor entitled to retake possession of the leased property as well as to sue for the rent owing?
Give an example of (a) a non-contractual bailment and (b) an involuntary bailment.
Distinguish between a bailment and a licence. In what circumstances is the distinction especially important?
What factors determine the standard of care to be expected of a bailee?
What is a “sub-bailment”?
In what circumstances may a bailee claim a lien on bailed goods?
What does it mean that goods are “fungible”? How does that affect a bailee’s liability?
Who normally bears the loss if goods left in a warehouse are stolen or destroyed?
Distinguish between a common carrier and a private carrier.
What does it mean to say that a common carrier “is an insurer as well as a bailee”?
What are the principal defences available to a common carrier when goods in its possession are damaged or lost?
Is a hotel keeper liable if a guest’s property is stolen from his or her room?
What is meant by a “pledge”?
What are the two principal types of “legal risk” that a business may insure against?
Distinguish between an insurance agent and an insurance broker.
What are the principal types of insurance that a business is likely to need?
What are the advantages and disadvantages of “comprehensive” insurance?
What is meant by an “insurable interest”?
Does a shareholder have an insurable interest in the property of his or her corporation?
What is the legal position where an insured fails to renew an insurance policy by the due date?
Is it necessary for an insured to notify the insurer of changes of circumstance that occur after the policy enters into force?
Can an insurance policy be assigned to a third person?
What is “subrogation”?
In what business circumstances are guarantees commonly required and given?
To whom does a guarantor give his or her promise?
What normally constitutes the consideration for a guarantee?
How may a guarantee be discharged?
Does a contract of guarantee have to be in writing?
Distinguish between dependent agents and independent agents.

Showing 800 - 900 of 1330