Question 1

What is one major problem that is faced by federal,provincial,and municipal governments when it comes to regulating business?

Accepted Answer

The problem is that each while level of

Question 2

Any agreement that lessens or has the potential to lessen competition may be reviewed by the Competition Bureau,and the Commissioner of Competition may seek enforcement proceedings before the Competition Tribunal seeking such orders including all of the following EXCEPT

Accepted Answer

A) a cease and desist order. 
B) any order requiring some form of corrective or modifying action. 
C) fines or imprisonment imposed on parties unless they fail to comply with tribunal orders. 
D) a private cause of action for damages based on the legislation. 
A) a cease and desist order. 
B) any order requiring some form of corrective or modifying action. 
C) fines or imprisonment imposed on parties unless they fail to comply with tribunal orders. 
D) a private cause of action for damages based on the legislation.

Question 3

Consumer protection statutes create regulatory offences that require mens rea and usually allow the due diligence defence.

Accepted Answer

A) True 
 B)False

Question 4

Bait-and-switch advertising is both a criminal and a regulatory offence.

Accepted Answer

A) True 
 B)False

Question 5

As a response to high pressure door-to-door sales methods,most provinces have enacted legislation making direct sales contracts non-binding on consumers.A direct sales contract is one in which the contract is formed

Accepted Answer

A) at a consumer's residence. 
B) at a consumer's place of employment. 
C) at a place other than the business's place of business. 
D) at the business's place of business. 
E) at a salesperson's residence. 
A) at a consumer's residence. 
B) at a consumer's place of employment. 
C) at a place other than the business's place of business. 
D) at the business's place of business. 
E) at a salesperson's residence.

Question 6

Competitors can in fact enter into an agreement whereby each will discontinue producing a current product.If the efficiencies created for the market by this "specializing agreement" make up for any lessening of competition,the competitors may

Accepted Answer

A) freely proceed with the plan to discontinue the product. 
B) apply to the Competition Tribunal and obtain approval of the agreement. 
C) do nothing to legalize the effect of the specializing agreement. 
D) apply for approval of what would otherwise be considered parallel pricing. 
E) be liable for engaging in bid-rigging. 
A) freely proceed with the plan to discontinue the product. 
B) apply to the Competition Tribunal and obtain approval of the agreement. 
C) do nothing to legalize the effect of the specializing agreement. 
D) apply for approval of what would otherwise be considered parallel pricing. 
E) be liable for engaging in bid-rigging.

Question 7

A provincial government is attempting to determine which of three sites in the province might be used to dispose of hazardous waste.In furtherance of this determination,representatives of local municipal governments where the sites are located meet with the provincial environment minister.During the meeting,the largest local municipal government advises the minister that if the site in their area is not chosen,it will ensure that its entire population will vote for the minister in the next provincial election and will contribute heavily to his campaign.A few weeks later,a different site is chosen.In this case,the largest local municipal government

Accepted Answer

A) has bribed the minister under the Canadian Environmental Protection Act. 
B) has bribed the minister under the Corruption of Foreign Public Officials Act. 
C) has bribed the minister under the environment legislation of the province where the sites are situated. 
D) has bribed the minister under the Criminal Code of Canada. 
E) has not bribed the minister at all. 
A) has bribed the minister under the Canadian Environmental Protection Act. 
B) has bribed the minister under the Corruption of Foreign Public Officials Act. 
C) has bribed the minister under the environment legislation of the province where the sites are situated. 
D) has bribed the minister under the Criminal Code of Canada. 
E) has not bribed the minister at all.

Question 8

In administrative proceedings,what are the overriding principles to be employed?

Accepted Answer

Generally speaking,all such proceedings

Question 9

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

Accepted Answer

A) have been a pre-notification to Parliament. 
B) be barriers to prevent new competitors from entering the market. 
C) still be effective competition after the merger. 
D) be no evidence of foreign competition in the market. 
E) be good economic health in the target firm. 
A) have been a pre-notification to Parliament. 
B) be barriers to prevent new competitors from entering the market. 
C) still be effective competition after the merger. 
D) be no evidence of foreign competition in the market. 
E) be good economic health in the target firm.

Question 10

In relation to price fixing,what is parallel pricing?

Accepted Answer

Within some industries,prices between co

Question 11

The Canada Consumer Product Safety Act (CCPSA)applies to manufacturing,importing,selling,and distributing,and applies to a broad range of products.The CCPSA also provides for all of the following EXCEPT

Accepted Answer

A) mandatory disclosure of defect incidences. 
B) increasing penalties for non-compliance. 
C) expanding criminal liability to include directors and officers. 
D) banning unsafe products and setting standards of quality for others. 
E) expressly providing to the consumer a civil cause of action for damages. 
A) mandatory disclosure of defect incidences. 
B) increasing penalties for non-compliance. 
C) expanding criminal liability to include directors and officers. 
D) banning unsafe products and setting standards of quality for others. 
E) expressly providing to the consumer a civil cause of action for damages.

Question 12

In Canada,agriculture and immigration are

Accepted Answer

A) under the exclusive jurisdiction of the federal government. 
B) not provided for in the constitution. 
C) within the jurisdictions of both federal and provincial governments. 
D) under the exclusive jurisdiction of the provincial government. 
E) none of the above 
A) under the exclusive jurisdiction of the federal government. 
B) not provided for in the constitution. 
C) within the jurisdictions of both federal and provincial governments. 
D) under the exclusive jurisdiction of the provincial government. 
E) none of the above

Question 13

The Competition Act creates a number of criminal offences punishable by fines and imprisonment.The Act prohibits competitors from entering into agreements that hurt competition in their industry which are generally described as conspiracies.Criminal conspiracies include all of the following EXCEPT

Accepted Answer

A) price fixing. 
B) market allocation. 
C) restriction of supply. 
D) telemarketing. 
E) sport professional restraint of play. 
A) price fixing. 
B) market allocation. 
C) restriction of supply. 
D) telemarketing. 
E) sport professional restraint of play.

Question 14

Tied-selling is an example of monopolizing.

Accepted Answer

A) True 
 B)False

Question 15

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

Accepted Answer

A) discriminatory practice. 
B) price parallelling. 
C) abuse of dominant position. 
D) bid-rigging. 
E) exclusive dealing. 
A) discriminatory practice. 
B) price parallelling. 
C) abuse of dominant position. 
D) bid-rigging. 
E) exclusive dealing.

Question 16

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

Accepted Answer

A) the company has committed an offence under environmental legislation and it may be fined. 
B) the company's directors may defend on the basis of due diligence. 
C) the company's officers may defend on the basis of due diligence. 
D) the company's directors and officers may have committed an offence under environmental legislation and may be fined. 
E) all of the above 
A) the company has committed an offence under environmental legislation and it may be fined. 
B) the company's directors may defend on the basis of due diligence. 
C) the company's officers may defend on the basis of due diligence. 
D) the company's directors and officers may have committed an offence under environmental legislation and may be fined. 
E) all of the above

Question 17

Under contract law,a provision in the contract for restricting trade will be struck down by the court if it

Accepted Answer

A) prevents a former employee from going into business for him- or herself in competition with his or her previous employer. 
B) unreasonably restricts competition. 
C) is a business partner competing with a former associate. 
D) reasonably protects the new owner of a business against the former owner. 
E) has no consequence. 
A) prevents a former employee from going into business for him- or herself in competition with his or her previous employer. 
B) unreasonably restricts competition. 
C) is a business partner competing with a former associate. 
D) reasonably protects the new owner of a business against the former owner. 
E) has no consequence.

Question 18

Generally speaking,the conspiracy provisions of the Competition Act do not apply to professionals.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

The courts could challenge on

Question 20

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

Accepted Answer

A) committed anti-competitive behavior known as abuse of dominant position. 
B) violated section 47 of the Competition Act dealing with bid-rigging. 
C) engaged in parallel pricing. 
D) engaged in discriminatory pricing. 
E) by their conduct engaged in merger. 
A) committed anti-competitive behavior known as abuse of dominant position. 
B) violated section 47 of the Competition Act dealing with bid-rigging. 
C) engaged in parallel pricing. 
D) engaged in discriminatory pricing. 
E) by their conduct engaged in merger.

Exam 3: Government Regulation of Business

What is one major problem that is faced by federal,provincial,and municipal governments when it comes to regulating business?

Any agreement that lessens or has the potential to lessen competition may be reviewed by the Competition Bureau,and the Commissioner of Competition may seek enforcement proceedings before the Competition Tribunal seeking such orders including all of the following EXCEPT

Consumer protection statutes create regulatory offences that require mens rea and usually allow the due diligence defence.

Bait-and-switch advertising is both a criminal and a regulatory offence.

As a response to high pressure door-to-door sales methods,most provinces have enacted legislation making direct sales contracts non-binding on consumers.A direct sales contract is one in which the contract is formed

Competitors can in fact enter into an agreement whereby each will discontinue producing a current product.If the efficiencies created for the market by this "specializing agreement" make up for any lessening of competition,the competitors may

In administrative proceedings,what are the overriding principles to be employed?

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

In relation to price fixing,what is parallel pricing?

The Canada Consumer Product Safety Act (CCPSA)applies to manufacturing,importing,selling,and distributing,and applies to a broad range of products.The CCPSA also provides for all of the following EXCEPT

In Canada,agriculture and immigration are

The Competition Act creates a number of criminal offences punishable by fines and imprisonment.The Act prohibits competitors from entering into agreements that hurt competition in their industry which are generally described as conspiracies.Criminal conspiracies include all of the following EXCEPT

Tied-selling is an example of monopolizing.

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

Under contract law,a provision in the contract for restricting trade will be struck down by the court if it

Generally speaking,the conspiracy provisions of the Competition Act do not apply to professionals.

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

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

Privacy

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