Canadian Constitution Quiz
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Questions and Answers

What powers does Section 91 of the Constitution Act, 1867 allocate to the federal government?

  • Municipal institutions
  • Criminal law enforcement
  • Property and civil rights
  • Employment insurance (correct)

Which of the following statements is true regarding the POGG clause?

  • It grants federal residual powers for subjects not outlined in the Constitution. (correct)
  • It applies exclusively to matters of Indigenous Peoples.
  • It limits the legislative power of the federal government.
  • It allows provincial governments to create laws on any matter.

Which branch of government is primarily responsible for interpreting legislation?

  • Constitutional branch
  • Judicial branch (correct)
  • Executive branch
  • Legislative branch

Which of the following is a power reserved to provincial governments under Section 92?

<p>Administration of justice (B)</p> Signup and view all the answers

What is primarily defined by unwritten conventions in the context of government operations?

<p>Rules of procedure (B)</p> Signup and view all the answers

Which of the following best describes case law?

<p>Decisions made by judges that interpret statutes (C)</p> Signup and view all the answers

In the structure of Canadian law, what does the legislative branch do?

<p>Creates statutes (D)</p> Signup and view all the answers

Which power is NOT included under the purview of the federal government according to Section 91?

<p>Coloring laws (A)</p> Signup and view all the answers

What change was made by Section 92A of the Constitution?

<p>It expanded provincial powers over non-renewable natural resources. (A)</p> Signup and view all the answers

Which of the following is a ground for discrimination prohibited under Human Rights Acts?

<p>Gender (A)</p> Signup and view all the answers

What significant change occurred regarding Indigenous Peoples and the CHRA in 2008?

<p>Exemption from the CHRA was removed. (B)</p> Signup and view all the answers

What must businesspeople have knowledge of to comply with human rights legislation?

<p>Human rights codes applicable to their industry (C)</p> Signup and view all the answers

Which of the following accords aimed to address Quebec's dissent regarding constitutional changes?

<p>Meech Lake Accord (B)</p> Signup and view all the answers

Which aspect of human rights protection was notably absent three decades ago?

<p>Discrimination based on sexual orientation (C)</p> Signup and view all the answers

What is necessary to impose significant sanctions and remedies during tribunal hearings?

<p>A complaint followed by an investigation (A)</p> Signup and view all the answers

Which statement about human rights legislation is accurate?

<p>Certain protected areas and grounds are defined under this legislation. (A)</p> Signup and view all the answers

What is the primary method by which a contract can be discharged?

<p>Frustration (C)</p> Signup and view all the answers

Which of the following best defines tender of performance?

<p>When a party is ready and able to perform but is refused by the other (A)</p> Signup and view all the answers

Under what condition can failure to perform on one party's part lead to total discharge of the contract?

<p>When specific time of performance is a condition (A)</p> Signup and view all the answers

What consequence follows if a creditor refuses a tender of legal payment?

<p>The creditor assumes the expense (C)</p> Signup and view all the answers

Which scenario describes a situation that may not relieve one party's obligations to perform under a contract?

<p>The contract is based on instalment payments (D)</p> Signup and view all the answers

What is one of the consequences of a discharge by breach?

<p>The breaching party may be liable for damages (B)</p> Signup and view all the answers

What is a requirement for payment to be valid in the context of tender?

<p>Payment must be made in legal tender (D)</p> Signup and view all the answers

Which of the following does NOT represent a method of discharging a contract?

<p>Revocation (C)</p> Signup and view all the answers

What are the four required elements to succeed in a negligence action?

<p>Duty of care, breach of duty, causation, and damage (D)</p> Signup and view all the answers

Which test is used to establish whether a duty of care exists in negligence claims?

<p>Foreseeable plaintiff test (D)</p> Signup and view all the answers

Which of the following is an example of an intentional tort?

<p>Trespass (B)</p> Signup and view all the answers

What can be a potential defence in a negligence claim?

<p>Assumption of risk (A)</p> Signup and view all the answers

Which of the following accurately describes vicarious liability?

<p>Liability imposed on an employer for the acts of its employees (B)</p> Signup and view all the answers

What must be proven for a breach of duty claim in negligence?

<p>That a reasonable person would have acted differently (A)</p> Signup and view all the answers

In tort law, which of the following best defines 'damages'?

<p>Compensation for injuries, losses, or harm (C)</p> Signup and view all the answers

Which concept refers to the responsibility assigned to a business for the actions of its employees?

<p>Vicarious liability (A)</p> Signup and view all the answers

What does the last clear chance doctrine imply about responsibility?

<p>It designates one party as completely responsible, regardless of other factors. (C)</p> Signup and view all the answers

Under what condition can the defence of ex turpi causa be invoked?

<p>If the plaintiff's loss was caused by unlawful conduct. (B)</p> Signup and view all the answers

What trend is highlighted regarding legal statutes and duty of care?

<p>Statutes tend to impose obligations not found in common law. (B)</p> Signup and view all the answers

How does an occupier's duty of care to trespassers differ from that to visitors?

<p>Occupiers owe a higher duty of care to visitors than to trespassers. (C)</p> Signup and view all the answers

What key aspect of occupiers' liability is emphasized in legislation?

<p>Occupiers are responsible for the conduct of guests on their premises. (B)</p> Signup and view all the answers

What factor does NOT affect the standard of reasonable care?

<p>The age of the plaintiff (A)</p> Signup and view all the answers

What is a consequence for commercial establishments regarding alcohol-related injuries?

<p>They can be held liable for injuries sustained by guests consuming alcohol. (B)</p> Signup and view all the answers

What does the duty of care towards rescuers entail?

<p>A duty of care is owed to rescuers due to foreseeable risk of danger. (B)</p> Signup and view all the answers

What does the 'but for' test establish in a negligence claim?

<p>The consequence must be directly tied to the one party's conduct (A)</p> Signup and view all the answers

Which of the following statements regarding the trend toward no-fault insurance is correct?

<p>No-fault insurance eliminates the need for proving negligence. (D)</p> Signup and view all the answers

Which statement about circumstantial evidence in negligence claims is true?

<p>It can suffice to establish a prima facie case without lack of care. (A)</p> Signup and view all the answers

Under the remoteness test, what does the 'thin skull rule' imply?

<p>Defendants are responsible for all injuries, regardless of foreseeability (D)</p> Signup and view all the answers

Which statement correctly describes 'volenti non fit injuria' in negligence laws?

<p>The law does not assist those who voluntarily accept risks (A)</p> Signup and view all the answers

What is the main aspect evaluated in the remoteness test within a negligence claim?

<p>Whether the type of injury was foreseeable (A)</p> Signup and view all the answers

Which scenario best illustrates the 'crumbling skull rule'?

<p>A person with a previous back injury slips and injures their back further (A)</p> Signup and view all the answers

What does negligence require to establish a valid claim?

<p>Sufficient loss to person or property (D)</p> Signup and view all the answers

Flashcards

Division of Powers

The division of powers between the federal government and the provinces in Canada, outlined in Sections 91 and 92 of the Constitution Act, 1867.

POGG Clause

Federal government has the authority to create laws on matters not explicitly assigned to the provinces in the Constitution Act, 1867.

Conventions

The unwritten rules and customs that govern how the government operates, emphasizing the rule of law and democratic principles.

Statutes

Laws created by Parliament or a provincial legislature.

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Case Law

Laws established by judges through their interpretations of statutes and previous legal decisions.

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Legislative Branch

Branch of government responsible for creating laws.

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Judicial Branch

Branch of government responsible for interpreting and applying laws.

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Executive Branch

Branch of government responsible for implementing and enforcing laws.

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Vicarious liability

A legal concept where one party is held responsible for the actions of another, even though they were not directly involved.

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Intentional Tort

A wrongful act that is intentional, causing harm or damage.

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Tort of Privacy

A tort that involves wrongful invasion of a person's privacy.

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Online Tort

A type of tort committed through online actions, such as harassment or defamation.

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Negligence Claim

A legal action where a person claims that another person's negligence caused them harm.

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Standard of Care

The standard of care expected from a reasonable person in a given situation.

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Causation

The legal principle that establishes whether a defendant's actions were a direct cause of the plaintiff's harm.

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Damage

The plaintiff must demonstrate that they suffered real harm or loss as a result of the defendant's negligence.

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Section 52 of the Constitution

A section of the Constitution of Canada that makes the Constitution the supreme law and expands the power of provinces over non-renewable natural resources.

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Judicial Interpretation of the Charter

The Canadian Charter of Rights and Freedoms includes broad statements that require interpretation by courts, leading to the creation of new laws and legal precedents.

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Canada Act and Repatriation

A significant event that involved repatriating Canada's Constitution, granting Canada full independence from the UK, and included the Charter of Rights and Freedoms.

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Human Rights Legislation

Federal and provincial laws that prohibit discrimination based on specific grounds like gender, religion, race, and disability. These laws aim to ensure equal treatment for all individuals in public settings.

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Canadian Human Rights Act (CHRA)

A legal document that protects individuals from discrimination by federally regulated entities, including employment, access to services, and accommodation.

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Protected Grounds

Specific grounds that are protected under human rights legislation, meaning discrimination based on these characteristics is forbidden.

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Human Rights Tribunal Hearings

A legal process involving hearings conducted by a tribunal to address human rights complaints. These hearings can result in sanctions and remedies for violations.

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Duty to Accommodate

The obligation of businesses to make reasonable adjustments for individuals with protected characteristics, unless it causes undue hardship. This prevents discrimination and ensures inclusivity in the workplace and society.

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Standard of care varies with expertise

The standard of care expected from individuals depends on their expertise and experience.

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Standard of care for the elderly

While children have lower expectations for care, the standard of care does not diminish for elderly individuals.

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Socially unacceptable conduct

Actions that fall below socially acceptable standards can lead to liability for damages.

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Circumstantial evidence in negligence

Circumstantial evidence can be used to establish a prima facie case of negligence without direct proof of lack of care.

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Loss in negligence

A negligence claim requires both a loss to person or property and a causal link between the negligent conduct and the loss.

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But for test

The 'but for' test determines if the injury would have occurred without the defendant's conduct.

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Remoteness test in negligence

The remoteness test assesses if the particular injury sustained was reasonably foreseeable. It applies to both duty of care and causation.

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Thin skull rule

The thin skull rule states that one is liable for the full extent of injuries even if those injuries were unexpected due to a plaintiff's pre-existing condition.

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Contributory Negligence

A legal defense where the court divides the loss between the parties involved, each party being held accountable for their own negligence.

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Last Clear Chance Doctrine

A doctrine that assigns full responsibility to one party for the harm caused, holding them liable despite other contributing factors.

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Illegality (ex turpi causa)

When a party is engaged in illegal activities and suffers a loss due to their own actions, the court may refuse to hear their claim.

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Statutory Duty of Care

Legal rules that can impose a duty of care beyond what common law requires.

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Occupier's Liability

A common law principle that requires occupiers of property to take reasonable care for the safety of visitors.

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Occupier's Liability - Scope

The duty of care extended to protect visitors from harm caused by the condition of the premises, activities on the premises, or the conduct of third parties on the premises.

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Liability for Alcohol Service

The legal principle that holds commercial establishments liable for injuries caused by alcohol consumption on their premises.

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Social Host Liability (Emerging)

Legal responsibility that can be imposed on social hosts if they serve alcohol to guests who subsequently injure others.

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Discharge by Performance

All parties in a contract successfully complete their promises, ending their obligations.

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Tender of Performance

One party is ready, willing, and able to fulfill their part, but the other party refuses. This attempt satisfies the obligated party, releasing them from further responsibility.

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Legal Tender

Canadian currency or other form of payment agreed upon by the parties.

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Discharge by Breach

The contract ends in a situation where a party fails to meet their obligations.

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Discharge by Frustration

A contract is discharged if an unforeseen event makes the contract impossible to fulfill.

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Remedies for Breach of Contract

When a contract is broken (breached), the innocent party can seek legal remedies for the harm or loss they have suffered.

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Installments

A series of payments made over time. In some contracts, a single missed payment doesn't necessarily discharge the entire agreement.

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Conditional Performance

The obligation for a party to perform their part of the agreement is dependent on the other party fulfilling their obligation.

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Study Notes

Business Law in Canada

  • This textbook is the thirteenth Canadian edition
  • The book is copyrighted in 2024 by Pearson Canada Inc.
  • Chapters included are: 1, 2, 4, 5, 6, 7, 8, 9, and 10.
  • 10.1-10.8 are covered
  • 6.1-6.5 are covered
  • 7.1-7.4 are covered
  • 8.1-8.4 are covered
  • 9.1-9.5 are covered
  • Topics covered in the book include Agency and Partnership, The End of the Contractual Relationship, Factors Affecting the Contractual Relationship, The Elements of a Contract, The Elements of a Contract, Professional Liability and Insurance, Negligence, intentional Torts, and various discussions concerning the Canadian Law System, the Constitution of Canada, and Indigenous rights.
  • The study notes also cover various learning objectives and questions for discussion related to specific chapters in Business Law (e.g., Chapters 1, 4, 5, 6, 7, 8, 9, 10).
  • Content also includes definitions of contracts, types of contracts, different forms of business organizations, rules of interpretation, remedies, and examples of applicable legal cases.
  • Also various remedies and defences are covered.
  • The textbook covers topics relating to legal issues, constitutional law, and different business structures in Canada.

Learning Objectives

  • Each chapter in the 13th Canadian Edition of Business Law in Canada includes a set of learning objectives.
  • Objectives vary, but generally cover key concepts and topics within corresponding chapters.

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Description

Test your knowledge on the powers allocated by the Canadian Constitution Act, 1867, including federal and provincial responsibilities. This quiz covers key concepts such as the POGG clause, case law, and human rights legislation. Challenge yourself to understand the intricacies of Canadian law and governance.

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