F2024 BLAW-300-SA Quiz # 3
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Questions and Answers

Which statement best describes 'moral rights' in the context of copyright?

  • Rights that allow authors to critique their own work.
  • Rights to exclusively own all profits from merchandise.
  • Rights to be properly attributed and not have work altered through association. (correct)
  • Rights to financial compensation from adaptations.
  • Who are directors of a corporation elected by?

  • The public through a voting process.
  • The shareholders of the corporation. (correct)
  • Current employees of the corporation.
  • The board of advisors.
  • Which of the following transfers possession of land, for a fixed period, in exchange for a fee?

  • Lease (correct)
  • Permit
  • License
  • Mortgage
  • What legal obligation may municipalities impose on property ownership?

    <p>Property taxes</p> Signup and view all the answers

    What is a legal arrangement where one party holds legal title of property for the benefit of someone else?

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

    Which of the following is true regarding the rights of a lessee?

    <p>They cannot sell the leased property.</p> Signup and view all the answers

    What action may a business take if someone tries to use its name and goodwill without permission?

    <p>Sue for the tort of passing off</p> Signup and view all the answers

    What should directors regularly do to fulfill their responsibilities?

    <p>Attend directors’ meetings</p> Signup and view all the answers

    Which of the following is NOT a responsibility of shareholders?

    <p>To act in the best interests of the corporation</p> Signup and view all the answers

    What do directors need to do to avoid personal liability?

    <p>Ensure decisions are informed and based on reliable advice</p> Signup and view all the answers

    What is one primary purpose of shareholders' agreements?

    <p>To define the relationship among shareholders</p> Signup and view all the answers

    How should directors stay updated with the company's affairs?

    <p>By attending meetings and reviewing minutes</p> Signup and view all the answers

    What can creditors do if shareholders strip a corporation of its assets?

    <p>Seek legal action for asset recovery</p> Signup and view all the answers

    What must occur for a valid bailment relationship to exist?

    <p>Possession is changed; ownership remains the same.</p> Signup and view all the answers

    Which factor is NOT considered when determining the degree of care expected from a bailee?

    <p>The level of expertise of the bailor.</p> Signup and view all the answers

    In a bailment arrangement, which statement best describes the rights of a bailee?

    <p>A bailee may have rights but is primarily limited to custody and care.</p> Signup and view all the answers

    What limitation may apply to a tenant regarding property rights?

    <p>Right to transfer or dispose of the property</p> Signup and view all the answers

    What legal recourse does a property owner have against trespassers?

    <p>Ability to file for the tort of trespass</p> Signup and view all the answers

    What must a property owner do to effectively utilize the right to exclude?

    <p>Demonstrate continuous usage and occupation</p> Signup and view all the answers

    What is the legal term for a contract that transfers possession of land, for a fixed period, in exchange for a fee?

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

    What legal arrangement involves one party holding legal title for the benefit of another?

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

    Which of the following is typically an obligation imposed on property owners by municipalities?

    <p>Payment of property tax</p> Signup and view all the answers

    What is one critical function of shareholders' agreements in a corporation?

    <p>To define the relationship among shareholders and establish mechanisms for conflict resolution</p> Signup and view all the answers

    Which of the following statements regarding creditor protection is accurate?

    <p>If a corporation becomes insolvent, creditors are entitled to assets before shareholders.</p> Signup and view all the answers

    What must shareholders' agreements ensure regarding minority shareholder protection?

    <p>Minority shareholders should have mechanisms for protecting their interests during disputes.</p> Signup and view all the answers

    What standard must directors and officers meet according to the duty of competence?

    <p>They should demonstrate care, diligence, and skill of a reasonably prudent person.</p> Signup and view all the answers

    In the context of fiduciary duty, which of the following scenarios represents a breach?

    <p>An officer takes personal opportunities related to their corporate role.</p> Signup and view all the answers

    In terms of shareholder rights, what does the term 'proxy' refer to?

    <p>Authorization for another to vote on behalf of a shareholder.</p> Signup and view all the answers

    Which right allows a shareholder to investigate management practices?

    <p>The right to information.</p> Signup and view all the answers

    What voting right is granted to all shareholders?

    <p>One general meeting each year.</p> Signup and view all the answers

    How can directors reduce their personal liability exposure?

    <p>By exercising care, diligence, and skill in their duties</p> Signup and view all the answers

    What often distinguishes common shares from preferred shares?

    <p>Common shares generally allow shareholders to vote in corporate matters.</p> Signup and view all the answers

    What constitutes an example of statutory breach that could lead to director liability?

    <p>Participating in insider trading activities</p> Signup and view all the answers

    Which of the following scenarios would NOT typically expose a director to personal liability?

    <p>Seeking legal advice for compliance issues</p> Signup and view all the answers

    According to the Bardal case, what factor is NOT considered when determining common law reasonable notice?

    <p>Employee's salary</p> Signup and view all the answers

    Which of the following is NOT a condition for mental stress claims to be considered work-related?

    <p>Events must be consistent and normal in the workplace.</p> Signup and view all the answers

    Which action would likely disqualify a worker from receiving benefits due to wilful misconduct?

    <p>Being injured due to an action taken while intoxicated.</p> Signup and view all the answers

    What must occur for a pre-existing condition to be eligible for coverage under WCB?

    <p>There is evidence of a work-related aggravation or contribution.</p> Signup and view all the answers

    Which of the following activities would be considered purely personal and thus not related to employment duties?

    <p>Engaging in a personal phone call during work hours.</p> Signup and view all the answers

    Which statement about the confidentiality of medical files is true?

    <p>Confidentiality of medical files must be ensured and kept separate from personnel files.</p> Signup and view all the answers

    Which of the following statements is true regarding requests to correct personal information held by the government?

    <p>Individuals can request corrections but may be denied.</p> Signup and view all the answers

    If an injury is caused by horseplay that is a serious deviation from employment duties, it is likely to be covered under WCB.

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

    For PTSD claims from first responders, the worker does not have to prove a causal relationship with work.

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

    An intentional self-inflicted injury is considered a compensable injury under WCB regulations.

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

    All workers with pre-existing conditions are automatically covered under WCB for any disability claims.

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

    Activities that have no direct or indirect relationship to employment duties can still be compensated under WCB.

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

    Mental stress claims must be confirmed by an appropriately qualified medical expert to be considered for compensation.

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

    Fighting over purely personal issues is likely to be deemed as a work-related injury under WCB rules.

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

    Organizations must provide individuals with access to their personal information upon request.

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

    Assuming that an older employee will retire can potentially expose employers to liability for age discrimination.

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

    Study Notes

    ### Corporate Form: Organizational Matters

    • A corporation is a separate legal entity, treated as a distinct person.
    • Shareholders are not responsible for a corporation's liabilities.
    • The corporation is the primary business vehicle in modern commerce.

    Objectives

    • Understanding a corporation as a legal person
    • Distinguishing between federal and provincial incorporation
    • Selecting a corporation's name
    • Understanding how a corporation is created
    • Identifying how a corporation is financed
    • Recognizing how securities are regulated
    • Learning about internal stakeholders (shareholders, directors, officers)
    • Understanding external stakeholders (customers, employees, creditors, government)
    • Examining pre-incorporation issues
    • Investigating provincial and federal incorporation
    • Studying shares and shareholders
    • Determining the different types of shares
    • Examining the availability of shares (widely held vs. closely held)
    • Reviewing the rights related to the ownership of shares
    • Investigating who can own shares
    • Examining legal issues from case studies like Salomon v Salomon Ltd
    • Understanding the liabilities of a corporation, directors, officers, shareholders, and creditors
    • Learning how a corporation is terminated
    • Understanding liabilities in tort and contract
    • Learning about criminal and regulatory liability
    • Identifying the process of incorporation
    • Learning about the duties and liabilities of directors and officers
    • Examining the ethical considerations related to corporate governance and diversity
    • Reviewing the duty of competence
    • Recognizing shareholder liability and the process of "lifting the corporate veil"
    • Investigating case studies such as Yaiguaje v Chevron and piercing the corporate veil.
    • Examining rights of shareholders in the corporation
    • Understanding the legal rights associated with property
    • Examining the bundle of rights that property owners have
    • Understanding bailments of personal property, including the duties of bailees in various contexts (repairs, storage, transportation, lodging)
    • Identifying the contract of bailment and its key elements (services, payment, remedial measures)
    • Review specialized types of bailment
    • Understanding the common law liabilities of bailees
    • Investigating case studies to determine common law liabilities of bailees
    • Understanding the acquisition and protection of intellectual property
    • Recognizing the difference between common law and registered trademarks
    • Examining the concept of cyber squatting
    • Reviewing requirements for patent protection
    • Evaluating the requirements for registration of trademarks
    • Examining the role of copyright in business
    • Recognizing exemptions to copyright infringement
    • Evaluating case studies to understand the applications of copyright law
    • Recognizing moral rights.
    • Examining case studies related to moral rights.
    • Identifying exemptions of copyright
    • Understanding confidential business information and its protection
    • Reviewing case studies related to confidentiality and breach of confidence
    • Identifying limitations of intellectual property protection
    • Reviewing methods for acquiring and managing risk when dealing with intellectual property

    ### Financial Considerations

    • Debt financing (bonds, debentures)
    • Equity financing (selling shares)
    • Crowdfunding (three models: donation, lending, investment/equity)
    • Securities (shares and bonds)
    • Mortgages and the process of buying and selling real estate
    • Foreclosure
    • Deficiencies

    ### Case Studies

    • Salomon v Salomon Ltd
    • Yaiguaje v Chevron
    • Wong v Pretium Resources Inc
    • Finkelstein v Ontario (Securities Commission)
    • Aquatera Utilities Inc v Aquaterra Water Management Inc.
    • Case 16.2 (Midwest Properties Ltd v Thordarson)
    • Mennillo v Intramodal Inc
    • Letwin v Camp Mart
    • Monsanto v Schmeiser
    • Case 18.2 (Canada (Attorney General) v Amazon.com Inc)

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    Description

    Explore key aspects of the copyright infringement case involving Robinson and Cinar Corporation. This quiz covers the basis of the claim, character differences, court determinations on copyright, moral rights, and financial decisions. Test your knowledge on this intriguing legal battle.

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