Exam 1: Risk Management and Sources of Law

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.

Sigma Corp manufactures widgets.It has discovered a design defect that creates a risk that one or more widgets may cause property damage.Briefly explain how the company could manage that risk by shifting it.Identify a potential cost of shifting the risk.

Paul has committed a legal wrong against Buckmaster Strings Inc.Depending upon the circumstances,it may be possible for legal proceedings to be taken against Paul in both criminal law and tort law.

Which of the following statements is TRUE with respect to municipalities?

A court recently found,as a matter of fact,that a party's ability to advertise was restricted.In some circumstances,such a restriction violates section 2(b)of the Charter.Ultimately,however,the court's decision did not allow the affected party to advertise as it wished.Which of the following statements may explain that end result?

Which of the following statements is TRUE?

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

Attila works for Epsilon Inc.The police recently became aware of illegal activities in connection with that organization.Which of the following statements is TRUE?

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

Red River Inc,which is based in Winnipeg,Manitoba,has sued a company called Eiffel Tours,which is based in Paris,France.That dispute will be decided by the "common law." That most likely means that the case will be decided by

The category of public law contains

Sigma Inc sued Tau Ltd for breach of contract and asked for the remedy of specific performance.The case will be heard in Alberta.Which of the following statements is TRUE?

The Citizen's Coalition for Property Rights (the CCPR)believes that the Charter should protect the right to own property.Which of the following statements is TRUE?

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

Myra is a new MP.She introduces a new bill to the House of Commons and a majority of her colleagues agree to it.Which statement is true regarding Myra's bill?

Kane Media Inc wants to start a new radio station.The government has refused to grant a licence.Kane Media Inc believes that the government's position is blatantly discriminatory.Nevertheless,it cannot rely on the Charter of Rights and Freedoms,which was intended to protect the fundamental rights and freedoms of people,and which does not apply in favour of companies.

Athlone Inc wants to start a new television channel.To do so,it requires a government licence.It should apply to the federal government,rather than the provincial government,because the issue of telecommunications is not mentioned in the Constitution.It therefore falls under federal jurisdiction because of the residual clause.

Subordinate legislation

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

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.