Question 1

To enforce environmental protection laws is no small or easy matter. The enforcement usually involves

Accepted Answer

A)  the common law tort of nuisance. 
B)  the responsibility of corporations since they are the major polluters. 
C)  requiring polluters to refrain from harmful activities, to remedy existing situations, and to pay for the costs of clean- up. 
D)  where public authorities are over zealous with a wide variety of enforcement mechanisms which they apply abusively. 
E)  primarily a private matter but where government agencies are empowered to enforce. 
A)  the common law tort of nuisance. 
B)  the responsibility of corporations since they are the major polluters. 
C)  requiring polluters to refrain from harmful activities, to remedy existing situations, and to pay for the costs of clean- up. 
D)  where public authorities are over zealous with a wide variety of enforcement mechanisms which they apply abusively. 
E)  primarily a private matter but where government agencies are empowered to enforce.

Question 2

On what basis can a merger be approved, even though it has been shown that it will substantially lessen competition?

Accepted Answer

It may be justified on grounds of econom

Question 3

In the U.S., AT&T has made a practice of offering residential customers a one low- rate long distance telephone service, but only to those that ask for it or to those that have switched or threaten to switch long- distance carriers. Under the Canadian Competition Act this would be called

Accepted Answer

A)  predatory pricing. 
B)  resale price maintenance. 
C)  discriminatory pricing. 
D)  regional price discrimination. 
E)  none of the above 
A)  predatory pricing. 
B)  resale price maintenance. 
C)  discriminatory pricing. 
D)  regional price discrimination. 
E)  none of the above

Question 4

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

Accepted Answer

A)  is a business partner competing with a former associate. 
B)  prevents a former employee from going into business for himself in competition with his previous employer. 
C)  has no consequence. 
D)  reasonably protects the new owner of a business against the former owner. 
E)  unreasonably restricts competition and is contrary to the public interest. 
A)  is a business partner competing with a former associate. 
B)  prevents a former employee from going into business for himself in competition with his previous employer. 
C)  has no consequence. 
D)  reasonably protects the new owner of a business against the former owner. 
E)  unreasonably restricts competition and is contrary to the public interest.

Question 5

Which of the following is NOT one of the five classes of consumer protection legislation?

Accepted Answer

A)  regulation of misleading advertising 
B)  regulation of quality standards affecting labelling, safety, or performance 
C)  disclosure of the effective cost of credit 
D)  protection of the public through licensing and bonding requirements 
E)  inspection of "books of record" of institutions that deal with the public 
A)  regulation of misleading advertising 
B)  regulation of quality standards affecting labelling, safety, or performance 
C)  disclosure of the effective cost of credit 
D)  protection of the public through licensing and bonding requirements 
E)  inspection of "books of record" of institutions that deal with the public

Question 6

Price fixing is an example of a conspiracy.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

The courts could challenge on

Question 8

Explain the concept of federal paramountcy.

Accepted Answer

In some instances, the Constitution expr

Question 9

Which statement is TRUE regarding the Consumer Packaging and Labelling Act?

Accepted Answer

A)  The Act requires the trade names of any textile fabric used. 
B)  The Act requires the quantity to be given in both English and metric systems. 
C)  The Act requires the identifying of products by their generic name. 
D)  The Act requires all products to be in standard package sizes. 
E)  The Act governs the labelling of industrial as well as consumer products. 
A)  The Act requires the trade names of any textile fabric used. 
B)  The Act requires the quantity to be given in both English and metric systems. 
C)  The Act requires the identifying of products by their generic name. 
D)  The Act requires all products to be in standard package sizes. 
E)  The Act governs the labelling of industrial as well as consumer products.

Question 10

The War Veterans League sent Martha five sheets of labels with her name and address on them. The enclosure also had a request for a $5.00 payment. If Martha is going to use the self- addressed stickers, is she legally required to send in the payment?

Accepted Answer

A)  No, since legislation prohibits the sending of unsolicited goods. 
B)  No, since this would be a gratuitous donation anyway. 
C)  No, since consumer protection statutes expressly state that use of goods does not amount to an acceptance of a seller's offer. 
D)  Yes, because there is a moral obligation when benefits are obtained. 
E)  Yes, since use gives the consideration for a binding agreement. 
A)  No, since legislation prohibits the sending of unsolicited goods. 
B)  No, since this would be a gratuitous donation anyway. 
C)  No, since consumer protection statutes expressly state that use of goods does not amount to an acceptance of a seller's offer. 
D)  Yes, because there is a moral obligation when benefits are obtained. 
E)  Yes, since use gives the consideration for a binding agreement.

Question 11

Concurrency as it relates to consumer protection refers to the idea of shared powers between federal and provincial governments concerning consumer protection.

Accepted Answer

A) True 
 B)False

Question 12

Nearly all businesses need a local business license just to open their doors to the public. However, there is an enhanced category of business license that is meant to help regulate their respective industry. Why is it necessary to have this separate category of business license and give an example of an industry where such licenses are required?

Accepted Answer

Since they hold public safety and trust

Question 13

Jack owns a shoe store in a mall. A few months later, another shoe store opens in the mall. A month later, Jack notices that his sales figures have dropped considerably. He conducts an investigation and determines that the other store has been selling his shoes at unreasonably low prices. This conduct is called discriminatory pricing.

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

As more forms of deceptive advertising s

Question 15

When it comes to selling practices, is there federal or provincial jurisdiction?

Accepted Answer

A)  The separation is defined in the Constitution. 
B)  There is an overlap of federal and provincial jurisdiction, their powers are concurrent. 
C)  The division is clearly defined by the applicable statutes. 
D)  This question is to be decided by the Supreme Court. 
E)  The jurisdiction for selling practices is entirely provincial. 
A)  The separation is defined in the Constitution. 
B)  There is an overlap of federal and provincial jurisdiction, their powers are concurrent. 
C)  The division is clearly defined by the applicable statutes. 
D)  This question is to be decided by the Supreme Court. 
E)  The jurisdiction for selling practices is entirely provincial.

Question 16

In the event of a conflict between federal and provincial laws regarding consumer protection, municipal law applies.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following is not involved in an environmental impact assessment review procedure?

Accepted Answer

A)  Public hearings are held in the communities likely to be affected. 
B)  The developer submits an environmental assessment of the proposed project. 
C)  The project is subject to a public review by an independent review board. 
D)  A court agendum order is obtained. 
E)  The review board submits its findings to the Minister responsible, or to the whole Cabinet. 
A)  Public hearings are held in the communities likely to be affected. 
B)  The developer submits an environmental assessment of the proposed project. 
C)  The project is subject to a public review by an independent review board. 
D)  A court agendum order is obtained. 
E)  The review board submits its findings to the Minister responsible, or to the whole Cabinet.

Question 18

Each of the provinces as well as the federal government has legislation addressing itself to misleading advertising. The name of the most dominant of the federal statutes is the

Accepted Answer

A)  federal Consumer Protection Bill. 
B)  Competition Act. 
C)  Trade Practices Act. 
D)  Misleading Advertising Act. 
E)  Trade and Commerce Act. 
A)  federal Consumer Protection Bill. 
B)  Competition Act. 
C)  Trade Practices Act. 
D)  Misleading Advertising Act. 
E)  Trade and Commerce Act.

Question 19

Which of the following statements is TRUE concerning environmental protection?

Accepted Answer

A)  So far, only a few of the provinces have general environment protection laws. 
B)  This subject- matter has concurrent jurisdiction between federal, provincial, and municipal governments. 
C)  Major environmental disasters have failed to make the public aware of the dangers associated with man's interaction with the environment. 
D)  The most important legislation is the Unified Canadian Environmental Protection Act which has been adopted by each province. 
E)  Common law has many applications to pollution problems. 
A)  So far, only a few of the provinces have general environment protection laws. 
B)  This subject- matter has concurrent jurisdiction between federal, provincial, and municipal governments. 
C)  Major environmental disasters have failed to make the public aware of the dangers associated with man's interaction with the environment. 
D)  The most important legislation is the Unified Canadian Environmental Protection Act which has been adopted by each province. 
E)  Common law has many applications to pollution problems.

Question 20

The need for the government to protect consumers from the harshness of the marketplace, is a modern development. The old common law remedies are now inadequate. Which of the following developments contributed to this need?

Accepted Answer

A)  Use of credit by consumers has become a norm. 
B)  Products are so complex the retailer can no longer detect defects, let alone remedy them. 
C)  Large enterprises have virtually ended any equality of bargaining power between buyer and seller. 
D)  Products are now shipped in sealed packages, with little opportunity to assess the quality or the suitability for the intended use. 
E)  all of the above 
A)  Use of credit by consumers has become a norm. 
B)  Products are so complex the retailer can no longer detect defects, let alone remedy them. 
C)  Large enterprises have virtually ended any equality of bargaining power between buyer and seller. 
D)  Products are now shipped in sealed packages, with little opportunity to assess the quality or the suitability for the intended use. 
E)  all of the above

Exam 32: Government Regulation of Business

To enforce environmental protection laws is no small or easy matter. The enforcement usually involves

On what basis can a merger be approved, even though it has been shown that it will substantially lessen competition?

In the U.S., AT&T has made a practice of offering residential customers a one low- rate long distance telephone service, but only to those that ask for it or to those that have switched or threaten to switch long- distance carriers. Under the Canadian Competition Act this would be called

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

Which of the following is NOT one of the five classes of consumer protection legislation?

Price fixing is an example of a conspiracy.

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

Explain the concept of federal paramountcy.

Which statement is TRUE regarding the Consumer Packaging and Labelling Act?

The War Veterans League sent Martha five sheets of labels with her name and address on them. The enclosure also had a request for a $5.00 payment. If Martha is going to use the self- addressed stickers, is she legally required to send in the payment?

Concurrency as it relates to consumer protection refers to the idea of shared powers between federal and provincial governments concerning consumer protection.

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

When it comes to selling practices, is there federal or provincial jurisdiction?

In the event of a conflict between federal and provincial laws regarding consumer protection, municipal law applies.

Which of the following is not involved in an environmental impact assessment review procedure?

Each of the provinces as well as the federal government has legislation addressing itself to misleading advertising. The name of the most dominant of the federal statutes is the

Which of the following statements is TRUE concerning environmental protection?

The need for the government to protect consumers from the harshness of the marketplace, is a modern development. The old common law remedies are now inadequate. Which of the following developments contributed to this need?

Law and Society

The Machinery of Justice

The Law of Torts

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

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

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

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