BLAW 300 Midterm Review and Study Guide 2019 PDF

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BLAW 300: BUSINESS LAWMIDTERM REVIEW and STUDY GUIDE QUESTIONSFor the midterm, you will be responsible for all of the material we have covered to date, including:(i) The Canadian Legal System, including the Canadian Constitution and the Charter of Rights (ii) Alternative Dispute Resolution and Litig...

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BLAW 300: BUSINESS LAW MIDTERM REVIEW and STUDY GUIDE QUESTIONS For the midterm, you will be responsible for all of the material we have covered to date, including: (i) (ii) (iii) (iv) (v)

The Canadian Legal System, including the Canadian Constitution and the Charter of Rights Alternative Dispute Resolution and Litigation Tort law, including negligence, occupier’s liability and intentional torts Insurance Contracts

The Canadian Legal System, the Canadian Constitution and the Charter of Rights: 

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Describe the two levels of government in Canada and explain their relationship to the Constitution Act. Be able to give some examples of these constitutionally enacted exclusive lawmaking powers. What are the three (3) branches of government and what are their functions? What is Procedural Law? What is Substantive law? What are the three branches of government, and what are their functions? Explain the significance of s.91 and s.92 of the Constitution Act, 1867? What is public law? What is private law? What is the common law system of law? Where did it originate? What is the civil law system of law? Where did it originate? Where is it in effect in Canada? Contrast the civil system with common law system What is precedent? Explain the significance of Charter of Rights (embedded in the Constitution Act, 1982) What are some of the rights the Charter protects? What are the limitations on Charter rights? How are Charter rights protected? (Who protects them? How?) What is the standard of proof in a criminal case? In a civil case?

Alternative Dispute Resolution and Litigation:          

What is alternative dispute resolution (ADR)? What are the different forms of ADR and what are the differences between each? What are the positives and negatives (advantages and disadvantages) of the different forms of ADR? What are the different levels of courts in Alberta? Identify each of the five (5) divisions of the Provincial Court in AB and explain the type of cases decided in each division. What is the highest court of appeal in Canada? When do you have a right of appeal? When don’t you have a right of appeal? What are some of the benefits and detriments (advantages and disadvantages) of litigation? What is a limitation period and why do we have them? What is the limitation period in Alberta? What is the ultimate limitation period in Alberta? What is a statement of claim? What would be the usual “reply” to a statement of claim?

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What are costs? Why costs are usually awarded and what discretion does the judge have with the amount of costs awarded? What is a judgment creditor and how do they collect on a judgement?

Tort Law, Including Negligence and Intentional Torts:                   

What is a tort? What is the difference between intentional and unintentional torts? What are the two different kinds of liability in tort? What are the differences between them? What are the different kinds of damages in tort? Be able to distinguish between them and give examples of each kind. What is the tort of negligence? What are the four steps to a negligence action? To what standard of proof do they need to be proven? Duty of Care: to whom do you owe a duty of care? Explain what is meant by the standard of care. What standard is a person judged by? How do you determine if the standard was breached? Explain what is meant by “causation.” What is the test for causation? Describe what the courts look for in the element of “remoteness”. What is the test for remoteness? What is the “thin skull rule”? What defenses are available to a defendant in a negligence action? What are the remedies in a tort action? What is Occupiers’ Liability? What are the different classes of visitors who might be on your property, and what standard of care is owed to each visitor on your property? Describe the tort of nuisance. Describe the tort of trespass to property, person and goods Describe the tort of false imprisonment. Explain the differences between the torts of assault and battery. Describe the tort of passing off.

Insurance:     

What is insurance? What are the three (3) basic kinds of insurance? Define “insurable interest.” What is meant by the concept of “indemnity” as it relates to insurance? Explain “subrogation.” Why does it matter that an insurance contract is a contract of “utmost good faith”?

Contracts:      

What is an offer and what must it contain? Is an advertisement an offer or an invitation to treat? Why? Are oral contracts enforceable? What is the “postal rule”? How does it differ from the general rule? What are 5 ways to terminate an offer? What is consideration?

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What is a gratuitous promise? Provide an example. What is the difference between an express and implied term? What is a limitation of liability clause? How is it different from an exemption clause? What is an entire contract clause? When is it used? What is a liquidated damages clause? Why are conditional agreements important? Explain two kinds of conditional agreements. What is the general rule with respect to the enforceability of contracts? What are the exceptions? Explain the different ways in which a contract come to an end? Explain the difference between “void” contracts and “voidable” contracts. What contracts MUST be written in order to be enforceable? What Act governs these types of contracts?...