Exam 1: Risk Management and Sources of Law

Because of the need to ensure that the fundamental rules for governing the country are kept up to date,the Constitution (unlike most statutes)is quite easily amended.

In an effort to increase sales,Delta Ltd hired Chandra,a marketing expert.Because Delta was concerned about being held responsible for any torts that Chandra might commit,it arranged to hire her as an independent contractor,rather than an employee.It has employed a form of risk management known as

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

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?

Your town has a by-law stating that pets must be kept on a leash at all times.A friend of yours doesn't want to leash his dog,but is afraid he'll be arrested and tried if he doesn't.You tell him that

Eunice wants to give her grandson $100,000 because she wants him to go to law school,but she is worried he will spend it on a sports car.Eunice should

Quebec is said to be a "civil law system" because it is derived from the legal system that governed the citizens of ancient Greece.

The Town of Blackville created a set of rules for the licensing of businesses.Which of the following statements is likely TRUE?

Glimmer Co recently received a tax assessment with which it disagrees.It does not believe that it should be required to pay the full amount of the demand.If it challenges the assessment,the case will fall into the category of "public law" even though the company is a private corporation.

A town called Malice has undertaken a risk management study in an effort to minimize its exposure to legal liability.Since it is a form of government,and therefore a public body,it wants to know if it ever needs to worry about private law.Provide an answer to that question.

Which of the following statements is TRUE with respect to risk management and incorporation?

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

What is the residual power? What is meant by the phrase "ultra vires"? How are those two concepts related to the notion of federalism?

Peter starts a new job with Enviromaim Oil.Peter is originally from Ontario,but moved to Saskatchewan five years ago;Enviromaim in in Alberta.When he starts his job,his new boss finds out he is from Ontario and says,"You Ontarians have no business here in Alberta,you're all a bunch of Liberals and country-club goers!" Peter's boss has violated

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?

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.

What are the main differences between a tort and a crime? Can the same event ever give rise to both a tort and a crime? Explain your answer.

The Charter includes (among other things)rights regarding

Statutes may be created at either the federal level or at the provincial (or territorial)level.In either event,the rules and procedures are much the same.There are,however,some differences in terms of the people,processes,and types of laws that are involved.Identify and briefly explain those differences.

Sabeka Inc has discovered that one of its products may cause consumers to suffer a certain form of property damage.In response to that risk,the company has written an exclusion clause into its sales contracts.In doing so,it has adopted a form of risk management known as risk shifting.