Answer question Essay Example | Topics and Well Written Essays - 1500 words

Answer question - Essay ExampleWhen the intentions of the parties are clear from the written contract, a court will not consider additional certainty on the parties intentions. TRUE p64 7. An employment contract could contain an exclusion clause that prevents the employer from recovering from the employee damages the employer has to pay under the doctrine of vicarious liability. TRUE p151 8. Upon be issued a demand for documents, a party must produce all relevant documents. TRUE p158 9. Supervision connotes a greater degree of involvement during braid process than inspection. TRUE p168 10. Not all agreements are contracts. FALSE p44 Multiple Choice 11. Which of the following is a federal official power under the Canadian opus? A. FISHERIES p1 12. A director is considering buying a car for the corporation from a car dealership that is owned by his brother. To be absolutely safe, what should the director do before making the purchase? C. DISCLOSE THE DIRECTORS RELATIONSHIP WITH THE SELLER AND HAVE THE PURCHASE APPROVED BY THE INDEPENDENT DIRECTORS ON THE menu p39 13. To establish causation, the plaintiff must show that B. BUT FOR THE BREACH OF DUTY OF THE DEFENDANT, THE LOSS WOULD NOT HAVE OCCURRED, AND THAT THE DEFENDANTS BREACH WAS THE PROXIMATE build OF THE LOSS. P137 14. When can a party revoke an offer? D. ANYTIME BEFORE IT IS ACCEPTED p45 15. Which of the following would be acceptable consideration in exchange for a asseverator building a house? D. ALL OF THE ABOVE p46 16. The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an countenance course of action for the contractor? C. PERFORM ALL CONTRACTUAL OBLIGATIONS APART FROM THE DISPUTED WORK p61 17. What is the name of the rule that generally excludes extrinsic evidence when see a contract? C. PAROL EVIDENCE RULE p66 18. Which is the most common remedy for breach of construction contracts? B. DAMAGES p59 Short Answer 19. What rule applies when federal and barbarian legislation have a direct operational conflict? p1 When federal and provincial legislation have direct operational conflict, the Canadian Constitution declares that the federal law shall prevail. The constitution assigns all issues that have national importance under the power of the Federal Parliament. The fact that the federal laws also touch on the government issue being handled by a provincial legislation means that it is of national importance. Therefore, the federal law should prevail over the provincial legislation. 20. If you are setting up a business and are not concerned about liability, but expect to be very successful, what disadvantages is there to operating as a restore proprietor? P34-35 If one operates as a sole proprietor, the primary disadvantage is the fact that the sole proprietor shall bear all liabilities that whitethorn be incurred by the business. Business losses, debts, and third-party liabilities ar e all for the account of the sole proprietor. Another disadvantage is on the matter of taxation. The income of the sole proprietor is subject to individual income tax which may have higher rate than partnerships and corporations. Also, he may not avail of any tax incentives that are available to partnerships and corporations. 21. What is the key difference between covenant imposed under tort law compared to those imposed under contract law? P131 The obligation