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Questions and Answers
What is the initial requirement to establish a tort of negligence?
What is the initial requirement to establish a tort of negligence?
What is the limitation period for filing a tort claim?
What is the limitation period for filing a tort claim?
Under Workers Compensation legislation, what is the primary principle?
Under Workers Compensation legislation, what is the primary principle?
Which of the following is NOT a component of the tort of negligence?
Which of the following is NOT a component of the tort of negligence?
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Who is typically liable under professional liability?
Who is typically liable under professional liability?
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In the context of negligence, what does 'causation' refer to?
In the context of negligence, what does 'causation' refer to?
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What should a director do to avoid a conflict of interest?
What should a director do to avoid a conflict of interest?
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Which type of business association exposes an individual to unlimited personal liability?
Which type of business association exposes an individual to unlimited personal liability?
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What is the common legal term used to describe a civil wrong?
What is the common legal term used to describe a civil wrong?
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Which of the following statements is true regarding tort law and criminal law?
Which of the following statements is true regarding tort law and criminal law?
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What distinguishes a civil wrong from a criminal wrong?
What distinguishes a civil wrong from a criminal wrong?
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Which of the following is NOT a remedy for default on a mortgage?
Which of the following is NOT a remedy for default on a mortgage?
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What is the term for the right of a borrower to reclaim their property by paying off their mortgage?
What is the term for the right of a borrower to reclaim their property by paying off their mortgage?
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What does the tort system primarily aim to achieve?
What does the tort system primarily aim to achieve?
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What are the four essential elements that must be present for a case of negligence to be established?
What are the four essential elements that must be present for a case of negligence to be established?
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In the context of vicarious liability, when can an employer be held responsible for an employee's actions?
In the context of vicarious liability, when can an employer be held responsible for an employee's actions?
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What is a key characteristic of negligence in legal terms?
What is a key characteristic of negligence in legal terms?
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Which of the following is NOT a type of liability that can lead to compensation for damages?
Which of the following is NOT a type of liability that can lead to compensation for damages?
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Which statement accurately describes the concept of 'fault' in liability cases?
Which statement accurately describes the concept of 'fault' in liability cases?
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What does the term 'adverse possession' relate to?
What does the term 'adverse possession' relate to?
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Which of the following accurately describes workers' compensation?
Which of the following accurately describes workers' compensation?
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Under which scenario could an automobile owner be held vicariously liable?
Under which scenario could an automobile owner be held vicariously liable?
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What must be established to prove negligence?
What must be established to prove negligence?
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How does the 'Take the victim as you find them' rule affect liability?
How does the 'Take the victim as you find them' rule affect liability?
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What does 'volenti non fit injuria' imply in tort law?
What does 'volenti non fit injuria' imply in tort law?
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Under the Contributory Negligence Act, what may happen to damages if a plaintiff is found partially responsible?
Under the Contributory Negligence Act, what may happen to damages if a plaintiff is found partially responsible?
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What is necessary for the breach of duty in negligence claims?
What is necessary for the breach of duty in negligence claims?
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What defines special damages in tort law?
What defines special damages in tort law?
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Which statement is true about the consequences of negligence trials?
Which statement is true about the consequences of negligence trials?
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How does occupiers' liability differ for lawful entrants versus trespassers?
How does occupiers' liability differ for lawful entrants versus trespassers?
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What is one aspect of the 'Crumbling Skull' rule in tort law?
What is one aspect of the 'Crumbling Skull' rule in tort law?
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What is the main aim of the duty of care in negligence law?
What is the main aim of the duty of care in negligence law?
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What establishes a duty of care in negligence?
What establishes a duty of care in negligence?
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Which statement accurately describes the breach of duty?
Which statement accurately describes the breach of duty?
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What type of damages includes loss of income and medical expenses?
What type of damages includes loss of income and medical expenses?
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In Donaghue vs Stevenson, who is considered a 'neighbor' in the context of duty of care?
In Donaghue vs Stevenson, who is considered a 'neighbor' in the context of duty of care?
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Which factor does NOT need to be proven for causation in negligence?
Which factor does NOT need to be proven for causation in negligence?
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What is the maximum amount for non-pecuniary damages as created in 1978?
What is the maximum amount for non-pecuniary damages as created in 1978?
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What type of damages are not capable of exact calculation?
What type of damages are not capable of exact calculation?
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Which statement about the duty to warn is true?
Which statement about the duty to warn is true?
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What must be demonstrated to establish damages in a negligence case?
What must be demonstrated to establish damages in a negligence case?
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What standard is used to evaluate if a defendant acted reasonably?
What standard is used to evaluate if a defendant acted reasonably?
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Study Notes
Business Associations
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Sole Proprietorship: The business is indistinguishable from the individual. Unlimited personal exposure (all personal assets are at risk). High risk if business fails. Simple to start. Sales over $30,000 require an HST number.
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Partnership: Involves two or more people with the intention of making profit. Being co-owners does not automatically create a partnership. Agreement is based on relationship, not necessarily written. Partnership Act (provincial) outlines legal aspects.
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S27: Unless agreed upon, profits are shared equally.
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S27A: Each partner has the right to manage business operations (if multiple partners, one person may be designated to manage); they don't receive salaries.
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S27E: All partners have the right to manage the business (one person may handle majority decisions).
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S27F: No salaries or bonuses are paid to partners; however, profits are split amongst all partners equally or by agreement.
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S27G: Partners need all partners' agreement before adding a new one.
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S271: Partnership records must stay in the business location, and all partners can review them.
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S28: Deals with partner expulsion procedures. A partner can give 30 days' notice. Partnership automatically ends upon partner's death or bankruptcy.
Corporations
- Legal fiction, can own property and enter contracts
- Separate legal entity from owners (shareholders)
- Owners (shareholders) only liable up to investment amount
- Management managed by directors elected by shareholders
- Directors required annual meetings to elect the board of directors to discuss management strategies (likely 2-4 meetings per year).
- Shareholders receive dividends (money from profits).
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Description
This quiz covers the key concepts of business associations, including sole proprietorships and partnerships. Learn about the legal definitions, risk factors, and management rights involved in these business structures. Perfect for students or professionals looking to understand the basics of business law.
