Exam 3: Government Regulation of Business

At a convention of builders in Toronto,a proposal was adopted whereby whenever there was a call for tenders from the provincial government,members would check with each other before submitting their tenders to ensure that only the tenders of companies that needed the work would be accepted.This case is an example of

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Question 1

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A is a student at a local university found guilty of plagiarism under the rules of the university senate.A's case was heard by a panel of professors created under the rules,who did not allow A to defend himself or to be represented by counsel.In this case,on a judicial review hearing of the matter,

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Explain the dilemma created by the constitution when it comes to the enactment of federal and provincial legislation designed to regulate commercial transactions and thus protect consumers,as well as its effect.

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Under the constitution,the powers of the federal and provincial governments are set out in sections 91 and 92.However,sometimes the dividing line between these powers becomes blurred and there is overlap.For example,while the federal government has jurisdiction over the regulation of commerce and trade,the provinces have control over property and civil rights,which has been interpreted to mean the whole body of private law,including contracts and most business transactions.As a result,problems arise when one level of government passes legislation that the other level of government also has the right to pass.While such legislation can be struck down by court interpretation or alternatively be overcome using the paramountcy rule,the fact is that this overlapping effect can and does lead to the enactment of a multiplicity of federal and provincial legislation in a given area,to ensure adequate protection.

Paul is a licensed plumber who provides residential plumbing service.He advertises in the yellow pages and in the classified section of the local newspaper.It is claimed that his advertising is deceptive.Is he subject to the provisions of the federal Competition Act? Explain.

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Question 4

With respect to environmental law,the most important federal legislation is contained in the Canadian Environmental Protection Act (CEPA).Any contravention of the CEPA or its regulations

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Question 5

Use this fact situation to answer the related questions that follow. A local furniture store advertised a specific lamp at a discount,knowing it only had a couple of lamps.When customers came into the store to buy the lamp,they were told that the lamps had sold out,but they could buy another similar lamp at the regular price. In this case,the actions of the furniture store can be described as

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Question 6

John and Tony are brothers.They each own their own construction companies.They fiercely compete with one another for business.As a result of a call for tender by the local municipality to quote on certain road and sewer work,John and Tony decided to briefly discuss in advance of submitting their individual bids,a "reasonable range" of bids each should submit in response to the tender.Although neither one of the brothers believes they have committed any wrongdoing,they have in fact

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Question 7

Regarding deceptive advertising,which is better,to give government agencies the power to prohibit,such as advertising and impose fines against sellers,or to give consumers an arsenal of remedies for stopping,such advertising?

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Question 8

On what basis can the courts challenge the legality of administrative acts and decisions?

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Question 9

A large private nuclear facility began discharging radioactive water into the local lake whose waters were used to cool down the reactors.In this case,

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Question 10

Tied-selling is an example of monopolizing.

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Question 11

The Canadian federal government organized its consumer protection legislation,culminating in 2011 with the implementation of the Canada Consumer Products Safety Act (CCPSA).What is the CCPSA,and what activities does it focus on?

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Question 12

Parallel pricing is an example of monopolizing.

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Question 13

In addition to remedies provided by consumer protection legislation,what civil remedies can be employed?

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Question 14

Today,environmental impact assessment review is a mandatory step in developing land.

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Question 15

What does it mean when distribution practices such as exclusive dealing,tied selling,and market restriction are said to be "reviewable"?

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Question 16

Use the fact situation in Q8 to answer the related question that follows. In the fact situation above,the offence that the furniture store has committed is

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Question 17

Why is there a need to make many consumer-protection offences dual offences?

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Question 18

Carla owns Nifftee Dry Cleaners.If she is guilty of misleading advertising,who is the most likely to report her?

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Question 19

For the merger of two large competing companies to be approved,there must

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Question 20

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Exam 3: Government Regulation of Business

A is a student at a local university found guilty of plagiarism under the rules of the university senate.A's case was heard by a panel of professors created under the rules,who did not allow A to defend himself or to be represented by counsel.In this case,on a judicial review hearing of the matter,

Explain the dilemma created by the constitution when it comes to the enactment of federal and provincial legislation designed to regulate commercial transactions and thus protect consumers,as well as its effect.

Paul is a licensed plumber who provides residential plumbing service.He advertises in the yellow pages and in the classified section of the local newspaper.It is claimed that his advertising is deceptive.Is he subject to the provisions of the federal Competition Act? Explain.

With respect to environmental law,the most important federal legislation is contained in the Canadian Environmental Protection Act (CEPA).Any contravention of the CEPA or its regulations

Regarding deceptive advertising,which is better,to give government agencies the power to prohibit,such as advertising and impose fines against sellers,or to give consumers an arsenal of remedies for stopping,such advertising?

On what basis can the courts challenge the legality of administrative acts and decisions?

A large private nuclear facility began discharging radioactive water into the local lake whose waters were used to cool down the reactors.In this case,

Tied-selling is an example of monopolizing.

The Canadian federal government organized its consumer protection legislation,culminating in 2011 with the implementation of the Canada Consumer Products Safety Act (CCPSA).What is the CCPSA,and what activities does it focus on?

Parallel pricing is an example of monopolizing.

In addition to remedies provided by consumer protection legislation,what civil remedies can be employed?

Today,environmental impact assessment review is a mandatory step in developing land.

What does it mean when distribution practices such as exclusive dealing,tied selling,and market restriction are said to be "reviewable"?

Use the fact situation in Q8 to answer the related question that follows. In the fact situation above,the offence that the furniture store has committed is

Why is there a need to make many consumer-protection offences dual offences?

Carla owns Nifftee Dry Cleaners.If she is guilty of misleading advertising,who is the most likely to report her?

For the merger of two large competing companies to be approved,there must

Law, society, and Business

The Machinery of Justice

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

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