Business Associations Overview
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Questions and Answers

What is the initial requirement to establish a tort of negligence?

  • Damages
  • Duty of care (correct)
  • Breach of duty
  • Causation

    • What is the limitation period for filing a tort claim?

  • 5 years
  • 1 year
  • 3 years
  • 2 years (correct)

    • Under Workers Compensation legislation, what is the primary principle?

  • It only applies to serious injuries
  • It provides automatic compensation without fault (correct)
  • It allows employees to sue for damages
  • It requires workers to prove negligence

    • Which of the following is NOT a component of the tort of negligence?

    <p>Insurance obligation</p> Signup and view all the answers

    Who is typically liable under professional liability?

    <p>Qualified professionals like doctors and lawyers</p> Signup and view all the answers

    In the context of negligence, what does 'causation' refer to?

    <p>The relationship between the breach and the damages</p> Signup and view all the answers

    What should a director do to avoid a conflict of interest?

    <p>Leave the room during discussions</p> Signup and view all the answers

    Which type of business association exposes an individual to unlimited personal liability?

    <p>Sole proprietorship</p> Signup and view all the answers

    What is the common legal term used to describe a civil wrong?

    <p>Tort</p> Signup and view all the answers

    Which of the following statements is true regarding tort law and criminal law?

    <p>Torts are civil wrongs and crimes are wrongs against the public.</p> Signup and view all the answers

    What distinguishes a civil wrong from a criminal wrong?

    <p>The entity harmed is l'the government.</p> Signup and view all the answers

    Which of the following is NOT a remedy for default on a mortgage?

    <p>Right to arbitration</p> Signup and view all the answers

    What is the term for the right of a borrower to reclaim their property by paying off their mortgage?

    <p>Equity of redemption</p> Signup and view all the answers

    What does the tort system primarily aim to achieve?

    <p>Compensate victims for their injuries</p> Signup and view all the answers

    What are the four essential elements that must be present for a case of negligence to be established?

    <p>Duty, breach, damages, and causation</p> Signup and view all the answers

    In the context of vicarious liability, when can an employer be held responsible for an employee's actions?

    <p>If the actions occur in the course of employment</p> Signup and view all the answers

    What is a key characteristic of negligence in legal terms?

    <p>It is based on a concept of carelessness</p> Signup and view all the answers

    Which of the following is NOT a type of liability that can lead to compensation for damages?

    <p>Practical liability</p> Signup and view all the answers

    Which statement accurately describes the concept of 'fault' in liability cases?

    <p>No compensation is provided unless fault is established</p> Signup and view all the answers

    What does the term 'adverse possession' relate to?

    <p>A legal means of acquiring property rights</p> Signup and view all the answers

    Which of the following accurately describes workers' compensation?

    <p>It provides benefits regardless of fault</p> Signup and view all the answers

    Under which scenario could an automobile owner be held vicariously liable?

    <p>If a friend borrows the car with permission</p> Signup and view all the answers

    What must be established to prove negligence?

    <p>Duty of care, breach of duty, causation, and damages</p> Signup and view all the answers

    How does the 'Take the victim as you find them' rule affect liability?

    <p>Defendant is liable for 100% of the victim's losses</p> Signup and view all the answers

    What does 'volenti non fit injuria' imply in tort law?

    <p>Assuming a risk voluntarily may preclude recovery</p> Signup and view all the answers

    Under the Contributory Negligence Act, what may happen to damages if a plaintiff is found partially responsible?

    <p>Damages may be reduced based on level of responsibility</p> Signup and view all the answers

    What is necessary for the breach of duty in negligence claims?

    <p>A reasonable standard of care is breached</p> Signup and view all the answers

    What defines special damages in tort law?

    <p>Exact calculable losses such as cost of care</p> Signup and view all the answers

    Which statement is true about the consequences of negligence trials?

    <p>A trial represents a one-time opportunity for resolution</p> Signup and view all the answers

    How does occupiers' liability differ for lawful entrants versus trespassers?

    <p>Occupiers owe a duty of care only to lawful entrants</p> Signup and view all the answers

    What is one aspect of the 'Crumbling Skull' rule in tort law?

    <p>Defendant is only liable for the aggravation of the condition</p> Signup and view all the answers

    What is the main aim of the duty of care in negligence law?

    <p>To protect individuals impacted by one's actions</p> Signup and view all the answers

    What establishes a duty of care in negligence?

    <p>The foreseeability of harm to the plaintiff</p> Signup and view all the answers

    Which statement accurately describes the breach of duty?

    <p>A reasonable person standard is applied to assess breach</p> Signup and view all the answers

    What type of damages includes loss of income and medical expenses?

    <p>Pecuniary damages</p> Signup and view all the answers

    In Donaghue vs Stevenson, who is considered a 'neighbor' in the context of duty of care?

    <p>Those closely and directly affected by one’s actions</p> Signup and view all the answers

    Which factor does NOT need to be proven for causation in negligence?

    <p>The defendant intended to harm the plaintiff</p> Signup and view all the answers

    What is the maximum amount for non-pecuniary damages as created in 1978?

    <p>$100,000</p> Signup and view all the answers

    What type of damages are not capable of exact calculation?

    <p>General damages</p> Signup and view all the answers

    Which statement about the duty to warn is true?

    <p>A duty exists when the product is deemed dangerous</p> Signup and view all the answers

    What must be demonstrated to establish damages in a negligence case?

    <p>The damages were caused by the defendant's actions</p> Signup and view all the answers

    What standard is used to evaluate if a defendant acted reasonably?

    <p>The reasonable person standard</p> Signup and view all the answers

    Study Notes

    Business Associations

    • 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.

    • 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.

    • S27: Unless agreed upon, profits are shared equally.

    • 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.

    • S27E: All partners have the right to manage the business (one person may handle majority decisions).

    • S27F: No salaries or bonuses are paid to partners; however, profits are split amongst all partners equally or by agreement.

    • S27G: Partners need all partners' agreement before adding a new one.

    • S271: Partnership records must stay in the business location, and all partners can review them.

    • 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.

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