Managing the Law The Legal Aspects of Doing Business, 5th C E Updated by McInnes Test Bank

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Test Bank for Managing the Law The Legal Aspects of Doing Business, 5th Canadian Edition, 5ce by UpdatedMitchell McInnes,Ian R. Kerr,J. Anthony VanDuzer TEST BANK ISBN-13: 9780135415375 Full chapter... s included Part 1 Introduction to Law Chapter 1 Risk Management and Sources of Law 1.1 Why Study Law? Risk Management Business Decision 1.1 Concept Summary 1.1 1.2 An Introduction to the Legal System The Nature of Law Ethical Perspective 1.1 A Map of the Law Case Brief 1.1 Sources of Law Concept Summary 1.2 Case Brief 1.2 Case Brief 1.3 You Be the Judge 1.1 Case Brief 1.4 Business Decision 1.2 Chapter 2 Litigation and Alternative Dispute Resolution 2.1 The Litigation Process Who Can Sue and Be Sued? CONCEPT SUMMARY 2.1 Case Brief 2.1 Legal Representation Pleadings Pre‐Trial Activity The Trial The Remedy Concept Summary 2.2 Enforcement Business Decision 2.1 Appeals Costs Ethical Perspective 2.1 2.2 The Court System The Supreme Court of Canada Court of Appeal Concept Summary 2.3 Superior Court Federal Court Provincial Court Concept Summary 2.4 Concept Summary 2.5 Court Hierarchy You Be the Judge 2.1 2.3 Alternatives to the Courts Concept Summary 2.6 2.4 Alternative Dispute Resolution Concept Summary 2.7 Negotiation Mediation Arbitration Business Decision 2.2 Canadian Case Study for Part 1 Part 2 Torts Chapter 3 Introduction to Torts 3.1 Introduction to Tort Law Torts and Crimes Concept Summary 3.1 Torts and Contracts Types of Torts Concept Summary 3.2 Concept Summary 3.3 Case Brief 3.1 3.2 General Principles of Tort Law Liability Insurance Case Brief 3.2 Vicarious Liability Ethical Perspective 3.1 Business Decision 3.1 Remedies You Be the Judge 3.1 Concept Summary 3.4 Alternative Compensation Schemes Case Brief 3.3 Chapter 4 Intentional Torts 4.1 Assault and Battery Case Brief 4.1 4.2 Invasion of Privacy Case Brief 4.2 Case Brief 4.3 4.3 False Imprisonment Business Decision 4.1 4.4 Torts Related to Property Trespass to Land You Be the Judge 4.1 Concept Summary 4.1 Interference with Chattels Concept Summary 4.2 Conversion Ethical Perspective 4.1 Detinue 4.5 Defences to Intentional Torts Complete Defences Partial Defences Concept Summary 4.3 Chapter 5 Miscellaneous Torts Affecting Business 5.1 The Business Torts Conspiracy Ethical Perspective 5.1 Intimidation Interference with Contractual Relations Case Brief 5.1 Unlawful Means Torts You Be the Judge 5.1 Concept Summary 5.1 5.2 Torts Related to Reputation False Statements Defamation Case Brief 5.2 Case Brief 5.3 Concept Summary 5.2 Injurious Falsehood 5.3 Torts Related to Land Occupiers’ Liability Concept Summary 5.3 Business Decision 5.1 Nuisance Business Decision 5.2 The Rule in Rylands v Fletcher Concept Summary 5.4 Concept Summary 5.5 You Be the Judge 5.2 Chapter 6 Negligence 6.1 Duty of Care Ethical Perspective 6.1 Test for Determining the Existence of Duty of Care Case Brief 6.1 Reasonable Foreseeability Business Decision 6.1 Proximity Case Brief 6.2 Policy Case Brief 6.3 6.2 The Standard of Care Breach of the Standard of Care The Standard of Care for Professionals: Professional Negligence The Standard of Care for Manufactured Products: Product Liability Ethical Perspective 6.2 6.3 Causation and Remoteness Causation of Harm Concept Summary 6.1 You Be the Judge 6.1 Remoteness Case Brief 6.4 Business Decision 6.2 6.4 Defences Concept Summary 6.2 Contributory Negligence Voluntary Assumption of Risk Case Brief 6.5 Illegality Case Brief 6.6 Part 3 Contracts Chapter 7 The Nature and Creation of Contracts 7.1 Comparing Torts and Contracts 7.2 Intention to Create Legal Relations You Be the Judge 7.1 7.3 Offer The Nature of an Offer Invitation to Treat Communication of an Offer The Life of an Offer Ethical Perspective 7.1 Business Decision 7.1 Business Decision 7.2 7.4 Acceptance Acceptance by Promise The General Rule The Postal Rule Business Decision 7.3 Electronic Contracts You Be the Judge 7.2 Concept Summary 7.1 Acceptance by Performance Case Brief 7.1 Chapter 8 Consideration and Privity 8.1 Consideration Sufficient and Adequate Consideration You Be the Judge 8.1 Case Brief 8.1 Past Consideration Ethical Perspective 8.1 Pre‐Existing Obligation Case Brief 8.2 Case Brief 8.3 Concept Summary 8.1 Promises Enforceable without Consideration Promissory Estoppel Case Brief 8.4 Concept Summary 8.2 8.2 Privity of Contract Assignment Equitable Assignments Business Decision 8.1 Business Decision 8.2 Trusts Statute Employment Himalaya Clause Case Brief 8.5 Chapter 9 Representations and Terms 9.1 Pre‐Contractual and Contractual Statements Misrepresentation Concept Summary 9.1 Business Decision 9.1 Silence as Misrepresentation Ethical Perspective 9.1 You Be the Judge 9.1 The Legal Consequences of Misrepresentation Types of Misrepresentation Concept Summary 9.2 9.2 Honest Representation Case Brief 9.1 Contractual Terms Concept Summary 9.3 Interpretation of Express Terms Business Decision 9.2 Implied Terms Standard Form Agreements Business Decision 9.3 You Be the Judge 9.2 Concept Summary 9.4 Using Plain Language in Contracts 9.3 Boilerplate Clauses Chapter 10 Contractual Defects 10.1 Incapacity to Contract Personal Incapacity Case Brief 10.1 Case Brief 10.2 Business Corporations Business Decision 10.1 Associations Indian Bands and Aboriginal Persons Concept Summary 10.1 Public Authorities 10.2 Absence of Writing Statute of Frauds You Be the Judge 10.1 Consumer Protection and Writing Requirements Concept Summary 10.2 10.3 Mistakes General Principles Mistakes Preventing the Creation of Contracts Business Decision 10.2 Mistakes Rendering Impossible the Purpose of the Contract The Doctrine of Frustration Documents Mistakenly Signed Ethical Perspective 10.1 Concept Summary 10.3 10.4 Unfairness During Bargaining Duress Undue Influence Unconscionable Transactions Ethical Perspective 10.2 10.5 Illegality Agreements Prohibited by Statute Common Law Illegality The Doctrine of Public Policy Chapter 11 Discharge and Breach 11.1 Discharge by Performance Time of Performance Tender of Payment Tender of Performance 11.2 Termination by Agreement Option to Terminate Conditional Contracts Business Decision 11.1 Concept Summary 11.1 Rescission Accord and Satisfaction You Be the Judge 11.1 Novation Release Waiver Concept Summary 11.2 11.3 Termination by Operation of Law Frustration Lapse of Limitation Period Ethical Perspective 11.1 Bankruptcy 11.4 Discharge for Breach of Condition Types of Terms Case Brief 11.1 Concept Summary 11.3 Types of Breach Case Brief 11.2 The Effect of Discharge Rescission Chapter 12 Contractual Remedies 12.1 Undoing the Contract Rescission Damages Expectation Damages You Be the Judge 12.1 You Be the Judge 12.2 Difficulty of Calculation Case Brief 12.1 Case Brief 12.2 Case Brief 12.3 Case Brief 12.4 Business Decision 12.1 Reliance Damages Business Decision 12.2 Ethical Perspective 12.1 Account of Profits Nominal Damages Case Brief 12.5 Liquidated Damages Punitive Damages Concept Summary 12.1 12.2 Specific Performance and Injunctions Equitable Relief Concept Summary 12.2 Injunctions Case Brief 12.6 12.3 Exclusion Clauses CASE BRIEF 12.7 12.4 Unjust Enrichment CASE BRIEF 12.8 Chapter 13 Special Contracts: Sale of Goods 13.1 The Sale of Goods Act A Sale of Goods Case Brief 13.1 13.2 Passing of Property Business Decision 13.1 Business Decision 13.2 Business Decision 13.3 Business Decision 13.4 Business Decision 13.5 Concept Summary 13.1 13.3 Statutory Terms of the Sales Contract Terms in Contracts of Sale Nature of the Goods Merchantable Quality Delivery and Payment Concept Summary 13.2 13.4 Remedies General Remedies You Be the Judge 13.1 Special Remedies for the Seller Ethical Perspective 13.1 Business Decision 13.6 Stoppage in Transit Repossession Concept Summary 13.3 Chapter 14 Special Contracts: Negotiable Instruments 14.1 The Bills of Exchange Act 14.2 Types of Negotiable Instruments Concept Summary 14.1 Cheques Certified Cheques Bills of Exchange Promissory Notes 14.3 Negotiation Methods of Negotiation Liability Forms of Endorsement 14.4 Defences Types of Parties Types of Defences Concept Summary 14.2 Defect in Title Defences Real Defences 14.5 Consumer Bills and Notes Business Decision 14.1 Part 4 Property Chapter 15 Real Property: Interests and Leases 15.1 Interests in Land Estates in Land Ethical Perspective 15.1 Concept Summary 15.1 Shared Ownership Business Decision 15.1 Condominiums Concept Summary 15.2 Non‐Possessory Interests in Land Restrictive Covenants Concept Summary 15.3 Concept Summary 15.4 15.2 Leases Duration Assignments and Subleases Commercial Leases You Be the Judge 15.1 Concept Summary 15.5 Residential Leases Chapter 16 Real Property: Sales and Mortgages 16.1 Land Titles Registration Systems Registry System Land Titles System Unregistered Interests Ethical Perspective 16.1 16.2 Registration of Interests in Land Land Sales Risk Management Concept Summary 16.1 Agreement of Purchase and Sale Conditional Contract You Be the Judge 16.1 Closing Remedies Case Brief 16.1 Business Decision 16.1 16.3 Mortgages Nature of Mortgages Terms of the Contract Remedies for Default Concept Summary 16.2 Chapter 17 Personal Property: Bailment and Insurance 17.1 Acquiring Personal Property Rights Case Brief 17.1 Losing Personal Property Rights Concept Summary 17.1 17.2 Bailment Concept Summary 17.2 Business Decision 17.1 Liability of Bailors Liability of Bailees You Be the Judge 17.1 Common Carriers Sub‐Bailment Case Brief 17.2 17.3 Personal Property, Risk Management, and Insurance Property Insurance Other Forms of Business Insurance Ethical Perspective 17.1 Part 5 Business Law in the Digital Economy Chapter 18 Intellectual Property 18.1 Copyright and Trademarks Ideas as Property The Economics of Ideas Intellectual Property Law Case Brief 18.1 Copyright Copyright Ownership and Economic Rights Copyright Infringement Ethical Perspective 18.1 Business Decision 18.1 18.2 Trademarks Business Decision 18.2 Trademark Infringement and Passing Off You Be the Judge 18.1 Patents Patentability Ethical Perspective 18.2 International Patent System Industrial Designs 18.3 Confidential Information and Trade Secrets Confidential Information Trade Secrets Concept Summary 18.1 Chapter 19 Electronic Commerce 19.1 Using the Internet Business Decision 19.1 Concept Summary 19.1 Websites Privacy Policies User‐Generated Content Ethical Perspective 19.1 Intermediary Liability Case Brief 19.1 19.2 Online Commerce Internet Service Providers You Be the Judge 19.1 Online Service Providers Case Brief 19.2 Online Transactions Case Brief 19.3 Cryptocurrencies Ethical Perspective 19.2 Jurisdiction Concept Summary 19.2 19.3 Privacy and Consumer Protection Ethical Perspective 19.3 Collection of Personal Identifiers Misuse of Personal Identifiers Privacy Breaches You Be the Judge 19.2 Consumer Protection Identity Theft Canadian Case Study for Part 5 Part 6 Business Organizations Chapter 20 Agency and Other Methods of Carrying on Business 20.1 Basic Rules of Agency Creation of an Agency Relationship When Is the Principal Liable? Case Brief 20.1 Concept Summary 20.1 When Is the Agent Liable? The Agent’s Duties to the Principal Case Brief 20.2 Case Brief 20.3 The Principal’s Duties to the Agent Termination 20.2 Risk Management Issues Contract Liability Tort Liability You Be the Judge 20.1 Ethical Perspective 20.1 20.3 Business Relationships in which Agency Issues Arise Joint Ventures and Strategic Alliances Distributorships Franchises Agents Governed by Special Statutes Business Decision 20.1 Chapter 21 Basic Forms of Business Organizations 21.1 Sole Proprietorships 21.2 General Partnerships Characteristics of General Partnerships Partnership Statutes and Partnership Agreements Creating A Partnership Concept Summary 21.1 You Be the Judge 21.1 Risk and Liability in General Partnerships Case Brief 21.1 Internal Organization of Partnerships Dissolution of Partnerships Concept Summary 21.2 Business Decision 21.1 Limited Partnerships Concept Summary 21.3 21.3 Corporations Incorporation Process Characteristics of Corporations Concept Summary 21.4 Case Brief 21.2 Case Brief 21.3 Ethical Perspective 21.1 Separation of Ownership and Management Corporate Finance Chapter 22 Legal Rules for Corporate Governance 22.1 Corporate Management How Directors and Officers Exercise Power Officers Management’s Duties to the Corporation Case Brief 22.1 Case Brief 22.2 Duty of Care Protection for Creditors Other Sources of Personal Liability for Directors and Officers Managing Liability Risk for Directors and Officers Ethical Perspective 22.1 Business Decision 22.1 Concept Summary 22.1 22.2 Corporate Shareholders How Shareholders Exercise Power Shareholders’ Access to Information Shareholders’ Agreements Shareholder Remedies Relief from Oppression You Be the Judge 22.1 Other Shareholder Remedies 22.3 Corporate Regulation and Responsibility Corporate Governance in Practice Corporate Social Responsibility Ethical Perspective 22.2 Corporate Liability for Contracts, Crimes, and Torts Crimes Concept Summary 22.2 Tort Part 7 Dealing with Secured Credit, Bankruptcy, and Insolvency Chapter 23 Secured Transactions 23.1 Risk Management Strategies for Creditors 23.2 Security Interests How Security Interests Are Created Granting a Security Interest in a Specific Asset Granting a Security Interest in All of the Debtor’s Assets Special Security Interests of Banks Concept Summary 23.1 23.3 Personal Property Security Provincial Rules for Secured Transactions Facilitating Risk Management for Creditors Scope of Application Protecting Security Interests under Personal Property Security (PPS) ‐Legislation Business Decision 23.1 Priorities under PPS Legislation Case Brief 23.1 Security Interests When Collateral Is Transferred Concept Summary 23.2 Enforcement of Security Interests You Be the Judge 23.1 Concept Summary 23.3 Special Rules for Consumers 23.4 Guarantees Ethical Perspective 23.1 Chapter 24 Dealing with Bankruptcy and Insolvency 24.1 Bankruptcy and Insolvency Law Bankruptcy and Insolvency under the Bankruptcy and Insolvency Act 24.2 Business and Consumer Bankruptcy Officials Involved in Bankruptcy Procedures Trustee in Bankruptcy Bankruptcy Court Registrar in Bankruptcy Inspectors 24.3 The Process of Bankruptcy Assignment into Bankruptcy by the Debtor Application by Creditors for a Bankruptcy Order Distribution of Assets Categories of Creditors Concept Summary 24.1 Creditor Equality Ethical Perspective 24.1 You Be the Judge 24.1 Prohibited Pre‐Bankruptcy Transactions Liability of Directors of Bankrupt Corporations 24.4 Alternatives to Bankruptcy Proposals Other Statutes Dealing with Financial Distress and Failure Business Decision 24.1 Case Brief 24.1 Part 8 Government Regulation of Business Chapter 25 Government Regulation of Business 25.1 Taxation Types of Taxation Taxation of Corporations and Shareholders Income Tax Administration and Audits 25.2 Competition Competition and the Common Law The Competition Act Concept Summary 25.1 Abuse of Dominant Position You Be the Judge 25.1 Case Brief 25.1 Refusal to Deal and Other Reviewable Distribution Practices Business Decision 25.1 25.3 Consumer Protection Case Brief 25.2 Ethical Perspective 25.1 Other Federal Legislation Relating to Standards, Packaging, and Labelling Provincial Consumer Protection Legislation Canadian Case Study for Part 8 Part 9 Employment and Labour Law Chapter 26 Individual Employment 26.1 Pre‐Employment Matters Job Descriptions Advertising Positions Business Decision 26.1 Application Forms and Interviews Statements Made during Hiring Case Brief 26.1 Nature of the Work Relationship Concept Summary 26.1 26.2 The Employment Contract Concept Summary 26.2 Business Decision 26.2 26.3 Employers’ Obligations and Worker ‐Protection Legislation Third Party Liability You Be the Judge 26.1 Supervision Ethical Perspective 26.1 Statutory Protection Human Rights Concept Summary 26.3 Occupational Health and Safety 26.4 Termination of Employment Summary Dismissal Concept Summary 26.4 Wrongful Dismissal Wrongful Resignation Constructive Dismissal Case Brief 26.2 Severance Packages and Settlements Post‐Employment Obligations Chapter 27 Organized Labour 27.1 Collective Bargaining Nature and Function of Collective Bargaining Acquisition of Bargaining Rights Collective Bargaining Process Case Brief 27.1 27.2 Collective Agreements Strike and Lockout Provisions Business Decision 27.1 Grievance Provisions Union Security Clauses Concept Summary 27.1 27.3 Dispute Resolution in the Labour Context Grievance Arbitration Arbitration Process Typical Grievances You Be the Judge 27.1 Arbitration Awards Enforcement of Arbitration Awards 27.4 Industrial Conflict Strikes and Lockouts Case Brief 27.2 Picketing Ethical Perspective 27.1 Boycotts [Show More]

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