Exam 1: Risk Management and Sources of Law

A provincial statute says that a monthly allowance of $250 is available to "any parent or set of parents that cares for an adopted child who is under the age of 12." That provision was challenged under the Charter by a parent who cares for a young child to whom she gave birth.The court agrees that the statute discriminates against "birth parents." As a remedy, the court could

During a trial, a lawyer raised an argument based on the concept of the "residual power." The lawyer's argument must

The Doubleday Baseball Academy operates a training facility across the road from a number of houses.The homeowners have begun to complain about baseballs occasionally crashing into their yards and through their windows.As a form of risk management, the Academy could

Bianca punched Mick.She now finds herself in court.The person who has brought the claim for damages against her is Mick himself.It is safe to assume that the court is concerned with a private law issue, rather than a criminal law issue.

An appellate court recently heard two cases.In the first, it decided that a statute was ultra vires.In the second, it decided that another statute violated the Charter.What is the significance, in each case, of section 52 of the Constitution?

Techniques for managing risks include

Eric, who is a resident of Saskatchewan, has sued Trois Étoiles Ltd, which is a company based in Quebec, for breach of contract.Which of the following statements is TRUE?

Suppose that there is a general feeling in certain parts of the country that judges should be elected rather than appointed.A system of electing judges can be introduced only through a constitutional amendment.This means that

Omega Inc manufactures several types of widgets and sells them directly to consumers.One type of widget contains a design defect that creates a risk of injury.Briefly explain the steps that the company should take by way of risk management.Identify the sorts of additional facts that would be required for the purpose of effective risk management.

Ranji wants to start a new company, but he is concerned about risk management and legal liability.He is particularly concerned about the Charter, in both a positive sense and a negative sense.Explain the extent to which the Charter applies in favour and against a corporation.

Lamda Corp is based in Vancouver but sells products across Canada.Which of the following statements is TRUE with respect to Lamda Corp and the Charter?

Which of the following statements is TRUE with respect to the law of Quebec?

Omicron Inc claims that a municipal by-law violates its right to equality under section 15(1) of the Charter.Section 15(1) states: "Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination" based on various grounds.The company will lose its argument because

"Administrative law" derives its name from the fact that it is concerned with the administration of the trial courts and appellate courts.

The Dark Room Bookstore was recently charged under the Criminal Code with selling magazines that contain photographs of people involved in violent and degrading sexual acts.The owner of the bookstore believes, however, that the government should not interfere in the private lives of its citizens and that he has a right to express his sexuality through the sale of such magazines.Which of the following statements is TRUE with respect to the Charter in this situation?

Alpha Corp has discovered that one of its products is potentially dangerous.It therefore has purchased liability insurance.It has employed a form of risk management known as

Beta Inc has recently discovered that a defect in one of its products poses a risk of injury to consumers.Its only option, from a legal risk management perspective, is to eliminate the risk of liability by removing the product from the market.

A province created a statute.A court ruled that the statute was ultra vires.That means that

As described in the text, the four forms of risk management are risk avoidance, risk elimination, risk transfer, and risk acceptance.

Which of the following statements is TRUE?