Business Ethics and Law
Mock Exam
Course Introduction
Business Ethics and Law explores the complex interplay between ethical principles and legal frameworks within the realm of business. The course examines core concepts such as corporate social responsibility, stakeholder theory, and the ethical decision-making process, while also introducing major business laws governing contracts, employment, intellectual property, and consumer protection. Students analyze real-world case studies to understand how organizations can navigate moral challenges, comply with regulatory requirements, prevent misconduct, and foster ethical cultures. Through critical thinking and discussion, participants develop the skills to address ethical dilemmas and legal issues, preparing them to uphold integrity and accountability in professional business settings.
Recommended Textbook
Managing the Law The Legal Aspects of Doing Business 5th Edition by McInnes
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Chapter 1: Risk Management and Sources of Law
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Q1) Quebec is said to be a "civil law system" because it is derived from the legal system that governed the citizens of ancient Greece.
A)True
B)False
Answer: False
Q2) Red River Inc, which is based in Winnipeg, Manitoba, has sued a company called Eiffel Tours, which is based in Paris, France.That dispute will be decided by the "common law." That most likely means that the case will be decided by
A)the provision of a statute.
B)a legal system that can be traced to England.
C)a legal system that can be traced to France.
D)a government official, other than a judge.
E)a law that is frequently applied in both France and Manitoba.
Answer: B
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Chapter 2: Litigation and Alternative Dispute Resolution
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Q1) Rejean is a world class athlete, who was recently suspended by the Canadian Athletics Association.If that suspension remains in place, Rejean will not be allowed to compete in the upcoming world championships.Rejean therefore hopes to quickly and conclusively have the suspension overturned.The contract that Rejean had signed with the Canadian Athletics Association gives him the right to choose any form of dispute resolution.Which of the following alternatives is likely his best option?
A)litigation
B)mediation
C)negotiation
D)arbitration
E)small claims court
Answer: D
Q2) A puisne judge is a judge that hears trials rather than appeals.The word "puisne" is based on a Latin word meaning "small" or "less powerful."
A)True
B)False
Answer: False
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Chapter 3: Introduction to Torts
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Q1) Jose has sued Sharona in tort as a result of an injury that he suffered while visiting her property.Given the facts of the case, it is possible, at least in theory, for Jose to prove a number of different torts.Which of the following statements is TRUE?
A)Jose is entitled to sue for a number of different torts at the same time and he is not required to sue for one particular tort that he believes will lead to the best result.
B)If Jose sues for an intentional tort, he must prove that Sharona intended to cause harm to him.
C)If Jose sues for a negligence tort, he must prove that Sharona deliberately neglected to protect him from harm.
D)While the common law traditionally recognized a few strict liability torts, those torts frequently created unfair results, and consequently they have now been abolished in Canada.
E)Because the traditional category of torts was developed in both the courts of law and the courts of chancery, that category is generally said to include both legal and equitable wrongs.
Answer: A
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Page 5
Chapter 4: Intentional Torts
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Q1) List and briefly explain the elements of the tort of malicious prosecution.
Q2) Which of the following situations would most likely allow Brian to successfully sue April for the tort of battery?
A)April smashed a bottle against Brian's car while he was asleep in his bed.
B)April aimed a loaded gun at the back of Brian's head without his knowledge.
C)April used a knife to slice a hole in a shirt that Brian was wearing.
D)After Brian was brought into a hospital in an unconscious condition, April, who is a surgeon, performed a life-saving operation that Brian would have requested if he had been conscious.
E)April, who is a security guard, gently tapped Brian on his shoulder to get his attention during a consensual fight between April and Brian.
Q3) Explain why tort law has been reluctant to create a general tort of invasion of privacy.
Q4) Axl was physically detained by two security guards who worked for a department store.Axl is entitled to sue for false imprisonment only if he proves that the security guards knew that he had not committed any crime.
A)True
B)False
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Page 6
Chapter 5: Miscellaneous Torts Affecting Business
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Q1) Etienne rents an apartment in an older building that has many structural problems.One of those problems is that there are exposed electrical wires in Etienne's kitchen.Etienne repeatedly asked for the problem to be fixed, but the landlord does not enjoy dealing with wiring and the problem still has not been fixed.Etienne therefore warned Crystal about the wires when she visited his apartment for dinner.Unfortunately, Crystal accidentally touched the wires and received a terrible shock.She has sued both Etienne and the landlord for occupiers' liability.Assuming that the statutory rules apply, which of the following statements is most likely to be TRUE?
A)Etienne is liable because he did not use reasonable care to protect Crystal.
B)The landlord is liable for failing to make repairs under the lease.
C)Since Etienne invited Crystal to his apartment, she is classified as an invitee and therefore she will not win against either defendant unless she proves that the dangerous wires were hidden from her view.
D)The landlord is not liable because it is the tenant, rather than the landlord, that has control of the premises under a lease.
E)The landlord is liable for failing to satisfy the requirements of common humanity.
Q2) What is the defence of justification? To which tort does it apply?
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Page 7
Chapter 6: Negligence
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Q1) Jinyan wants to start a new internet service provider business.Before she does so, however, she wants to ensure that she will be able to afford liability insurance premiums.In that regard, she wants to know how the test of reasonable foreseeability affects the issue of risk management.She has heard conflicting statements.Some suggest that the concept of reasonable foreseeability protects business people from liability.Others suggest that the same concept can unexpectedly lead to the imposition of liability.Which statement is true? Explain your answer.
Q2) Shamar works as a financial adviser.He was recently asked by the Upsilon Corp to produce a report.Because Upsilon Corp is involved in a highly complex and highly volatile field, Shamar is very concerned about making a mistake and being held liable to the company.The company is sympathetic to that concern, and is therefore willing to make some concessions in its contract with Shamar.Assuming that he wants to perform the project, what should he do, from a risk management standpoint, to avoid the possibility of liability to the company.Provide the single best answer to that question.
Q3) "Liability in negligence is an all-or-nothing proposition." Is that statement true? How is that statement related to the concept of a "balance of probabilities"? Explain your answers.
Q4) Explain the two-fold significance of the decision in Donoghue v Stevenson.
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Page 8
Chapter 7: The Nature and Creation of Contracts
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Q1) Anita was required to enter her co-worker's office to get a file.When she was there, she saw the draft of an email message on the screen of her co-worker's computer.The message was addressed to Anita, but it had not yet been sent.In the message, the co-worker offered to sell Anita her leather jacket for $100.Once Anita saw the email, she was entitled to accept the offer.
A)True
B)False
Q2) A statute makes it illegal and a crime for an unlicensed individual to "offer for sale a switchblade knife." Mack, who does not hold a licence, owns a store that deals in a variety of items.The front window display case, which is visible from the street, contains a switchblade knife that has a price tag on it.Under general contractual rules, Mack has undoubtedly committed a crime because he does not hold a licence.
A)True
B)False
Q3) Explain what it means to say that the offeror is the "master of the offer." Provide examples to support your answer.
Q4) List five ways in which an offer can be terminated.
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9
Chapter 8: Consideration and Privity
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Q1) Luke threatened to sue Leia for $50 000 unless she immediately paid $30 000 to him.Leia paid $30 000 as requested.Luke is entitled to keep that money even if Leia later proves that he never honestly believed in the validity of the lawsuit that he threatened.
A)True
B)False
Q2) Identify and explain two situations in which legislation allows a stranger to sue on a contract that was made for its benefit.
Q3) The Canadian government announced its plan to create and circulate a new $100 bill.Because Marta knew that Bernie was an avid collector of currency, she promised to give him the first new $100 bill that she received from her work at a flea market.The agreement was placed in writing and Bernie applied his seal to the document.Shortly after the government released the new $100 bills, Marta received one from a customer at the flea market.She is required to deliver it to Bernie.
A)True
B)False
Q4) Identify the circumstances in which an employee can take advantage of an exclusion clause that is contained in a contract that was created between an employer and a customer.
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Page 10
Chapter 9: Representations and Terms
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Q1) Which of the following best describes an implied term?
A)It is a statement expressed by one of the parties.
B)It is sometimes inserted into a contract by a court.
C)It cannot create an enforceable legal obligation.
D)It can be used to rectify a mistake in a contractual document.
E)It is always based on the standard in the industry that the parties are engaged in.
Q2) When will silence distort a previous assertion?
A)whenever a change in circumstances occurs
B)whenever a change in circumstances does not affect the accuracy of a representation
C)when a contract requires a duty of utmost good faith
D)when a change in circumstances affects the accuracy of an earlier pre-contractual representation
E)when a statutory provision requires disclosure
Q3) Personal opinions are not usually treated as misrepresentations.Very briefly explain why they are not and describe a situation where it is risky to offer a personal opinion.
Q4) Why are boilerplate provisions of potential value to businesses generating standard form agreements?
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Page 11
Chapter 10: Contractual Defects
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Q1) A force majeure clause
A)allows a frustrated contract to be rescinded.
B)overrides the effect of an event that normally would constitute frustration.
C)is important primarily because of the possibility of duress or undue influence.
D)means that if there is a dispute regarding the effect of a contract, and there are more than two parties to the contract, the majority view will prevail.
E)provides protection against the possibility of unconscionable conduct.
Q2) The Statute of Frauds eliminates the writing requirements of the common law.
A)True
B)False
Q3) Where is exists, the Statute of Frauds imposes a writing requirement on
A)all contracts of employment.
B)all loans and all guarantees.
C)all contracts with a government and all contracts for the sale of interests in land.
D)all enforceable contracts created by minors.
E)guarantees and contracts that cannot be performed within one year.
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Page 12
Chapter 11: Discharge and Breach
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Q1) Ralph recently had his house re-roofed by Red Roofing Co (RRC).The company accepted Ralph's cheque as payment.Which of the following statements is most likely to be TRUE?
A)If Ralph's bank refuses to honour his cheque, RRC can sue Ralph for the price of the roof, even though it already received his cheque.
B)A cheque can be used for payment only if Ralph and RRC have accounts at the same bank.
C)If Ralph discovers that his new roof is defective, he should immediately instruct his bank to refuse RRC's request for payment, which will result in his cheque being overdrawn.
D)Ralph's cheque will be countermanded if the bank refuses to honour it because his account does not contain enough credit.
E)If the situation unfolds as expected, Ralph's bank will credit his account and RRC's bank will debit the roofer's account.
Q2) Explain the difference between a "condition," a "condition subsequent," a "condition precedent," and a "true condition precedent" as those terms have been used in this chapter.Which of those types of conditions can be breached? Explain your answer.
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Chapter 12: Contractual Remedies
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Q1) In the context of contractual damages, there is only one measure of relief.
A)True
B)False
Q2) Imran contractually agreed to sell a widget to Juanita for a total price of $200 000.Juanita paid $50 000 immediately and promised to pay the remainder upon delivery.However, Imran refused to ever deliver a widget.Between the time that the contract was created and the time of breach, the value of the widget dropped from $200 000 to $100 000.Juanita nevertheless is entitled to get back her payment of $50 000.
A)True
B)False
Q3) Why are the courts willing to award injunctions more often than orders for specific performance?
Q4) Dina entered into a contract with George.She agreed to decorate his office; he agreed to pay her $10 000.She spent $3000 performing her obligations under the agreement.He has paid her $2000, but refuses to pay any more.Under the concept of reliance damages, George must now pay $8000 to Dina.
A)True
B)False
Q5) When will punitive damages be available for a breach of contract?
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Chapter 13: Special Contracts: Sale of Goods
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Q1) Sigmund ordered and ate a meal at the Blue Fez restaurant.Which of the following statements is TRUE?
A)The Sale of Goods Act may apply in order to create a form of consumer protection.
B)The Sale of Goods Act will not apply if Sigmund's primary intention was to receive a meal, rather than to enjoy the exceptional service for which the Blue Fez is known.
C)The Sale of Goods Act will not apply if Sigmund paid for his meal with a credit card.
D)The Sale of Goods Act will not apply if Sigmund ate from a self-serve buffet at the Blue Fez.
E)The Sale of Goods Act will apply if the restaurant provided the meal to Sigmund free of charge, as a way of improving its reputation.
Q2) Although the Sale of Goods Act does not apply to land, it does apply to every form of personal property.
A)True
B)False
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15
Chapter 14: Real Property: Interests and Leases
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Q1) Kiana owned the fee simple in a piece of land called Blackacre.She entered into an agreement to create a lease with Brian that was to last for "99 years or until I get married." That lease satisfies the requirement regarding the duration of a lease.
A)True
B)False
Q2) Kimiko has the fee simple to a piece of land called Blackacre.It is sometimes said that "with rights, comes responsibility." Explain an important set of obligations that Kimiko owes to other members of the community as a result of her ownership of Blackacre, and that may result in her being held liable in damages.
Q3) As explained in the text, the word "dower" refers to
A)an unmarried woman.
B)the sense of joy one feels upon being married.
C)property that a woman was historically entitled to receive when her husband died.
D)an arranged marriage.
E)joint ownership of a piece of land by a husband and wife.
Q4) What is the difference between a reversion and a remainder? When will each type of interest arise?
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Page 16
Chapter 15: Real Property: Sales and Mortgages
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Q1) A mortgage exists between Jonah and Marina with respect to a piece of property called Blackacre.The mortgage agreement contains a prepayment privilege.In normal circumstances, Jonah would want the inclusion of that clause if he is the mortgagor, but not if he is the mortgagee.
A)True
B)False
Q2) Horatio owns a piece of land called Blackacre.He contractually agreed to sell it to Bharati for $200 000.Although the sale was not scheduled to close for four weeks, Horatio required Bharati to pay $10 000 immediately.Shortly before the sale was scheduled to close, Horatio told Bharati that he had changed his mind and that he was not willing to complete the sale.If he refuses to refund her $10 000, she would be entitled to use a vendor's lien.
A)True
B)False
Q3) Briefly explain the relationship between the mirror principle and the curtain principle in the context of a land titles system.
Q4) Briefly explain the need for some form of land registration system.
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Chapter 16: Personal Property: Bailment and Insurance
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Q1) As defined in Chapter 16, a "licence"
A)is an obligation to act reasonably.
B)allows a person to act in a way that otherwise would be considered wrongful.
C)is always granted by a government official.
D)always applies with respect to an interest in land.
E)is a right to inflict a financial loss upon another party.
Q2) William owned a factory that was burned to the ground as a result of Jefferson's negligence.Happily, William had purchased first-party coverage from Clinton Insurance Corp (CIC).Which of the following statements is most likely to be TRUE?
A)William will receive compensation from Jefferson.
B)William will receive some compensation from Jefferson and the rest from CIc.
C)Jefferson will be subrogated to William's position.
D)CIC will sue Jefferson in tort.
E)Because of the doctrine of indemnification, CIC must repay William's insurance premiums if a court holds Jefferson liable to CIc.
Q3) Pavel found a ring that Jacinta had lost.Does a true bailment exist while the ring is in Pavel's possession? Explain your answer.
Q4) Explain the meaning and relevance of "inherent vice."
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Page 18
Chapter 17: Intellectual Property
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Q1) Intellectual property law aims to balance the rights of creators against the public interest.Which of the following statements best exemplifies a benefit to the public interest?
A)Copyright law gives a photographer the exclusive right to reproduce his pictures.
B)Trademark law allows a trademark holder to seek a legal remedy when her trademark is infringed.
C)Patent bargaining grants an inventor a 20-year monopoly over his invention.
D)Patent law allows a student to build a replica of a patented invention for private research.
E)Trade secrets allow a company to keep a steak recipe secret from the public indefinitely.
Q2) A patent can be rejected for public policy reasons, even if all the patent criteria are met.
A)True
B)False
Q3) Explain what is meant by the novelty requirement in patent law.Is it sufficient for a product to be the first one on the market?
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Chapter 18: Electronic Commerce
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Q1) Which of the following statements is TRUE?
A)The term "blockchain" reflects the fact that Bitcoin's payment system that operates like a chain-link fence, in that outsiders can view transactions but cannot reach with them.
B)The phrase "double-spending" first arose because early online businesses used programs that were unreliable and often billed a customer twice for the same goods.
C)The term "spyware" became popular after an early group of hackers discovered that they were all interested in international espionage and intrigue.
D)The term "spam" reflects the fact that many of the people who first developed online commerce realized that they could work from any location, and chose to live in Hawaii, where Spam, a tinned ham byproduct, is curiously popular.
E)The term "phishing" is taken from the term "phreaking" which was used to designate a clique of early hackers said to be "phone-freaks".
Q2) Explain the "common carriage principle" as it applies to Internet service providers.Explain how that principle is related to the concept of "net neutrality."
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Page 20
Chapter 19: Agency and Other Methods of Carrying on Business
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Q1) In the absence of some specific contractual requirement, an agency arrangement may be terminated by
A)the agent giving notice to the third parties it has contracted with for the principal
B)the principal giving notice by newspaper advertisement that the agency relationship is over
C)the principal and agent disagreeing about any issue whatsoever
D)the performance of the agency becoming more difficult than first imagined
E)the principal giving notice to the agent that the agency agreement is terminated
Q2) Jennifer is the president and chief executive officer of Starburst Co, a corporation incorporated under the Canada Business Corporations Act carrying on a television production business.She has been discussing a new show with Stein.She enters into an agreement to buy Stein's idea for a new show.The by-laws of the corporation state that the president cannot agree to buy new story ideas without the approval of the board of directors.Jennifer did not obtain the approval of the board to buy Stein's idea.The contract is binding on Starburst nevertheless.
A)True
B)False
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Page 21
Chapter 20: Basic Forms of Business Organizations
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Q1) In which of the following situations is a partnership NOT dissolved?
A)One partner writes a letter to the others stating that the partnership is terminated.
B)A partnership is set up to operate a booth selling buttons at the Olympics and the Olympics are over.
C)One of the partners dies.
D)A partnership is set up for 14 years and 14 years have passed.
E)The same partners decide to continue the partnership but in a different type of business.
Q2) Steve and Laura do business as a partnership.As a result, Steve has a fiduciary obligation to
A)pay over to the partnership any amounts earned from activities unrelated to the partnership.
B)give up any business interests outside the partnership.
C)pass up opportunities to compete with the partnership.
D)look after the personal health and welfare of the other partners.
E)provide information to the partnership about business opportunities not related to the partnership business.
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Chapter 21: Legal Rules for Corporate Governance
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Q1) The shotgun buy-sell is a drastic but effective mechanism for resolving shareholder disputes.Do you agree with this statement? Please give your reasons.
Q2) Which of the following statements is TRUE? A shareholder has a legal right to participate in the management of the corporation
A)in no circumstances.
B)only if elected as a director or appointed as an officer or employee.
C)only if elected as a director, or appointed as an officer or employee, or when exercising management powers acquired under a unanimous shareholders agreement.
D)only when the shareholder holds a majority of the shares issued by the corporation.
E)only when exercising management powers acquired under a unanimous shareholders agreement.
Q3) Vanna is a director of Quorn Co, which operates a health food supply business.Vanna manages the business and wants to be the president.Her appointment would have to be approved by the shareholders to be effective.
A)True
B)False
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Chapter 22: Secured Transactions
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Q1) Sarah, a public servant, gave a security interest to her brother Peter in all her assets to secure her obligation to repay a loan from Peter.Peter filed a financing statement to register his interest.Subsequently, Joan bought some furniture from Sarah.Joan had no knowledge of Peter's security interest.Which of the following statements best describes Joan's legal position?
A)Joan's interest in the furniture is subject to Peter's security interest.
B)Joan's bought the furniture free of Peter's security interest because Sarah is not in the business of selling furniture.
C)Joan bought the furniture free of Peter's security interest because security interests of close family relatives are not enforceable against third parties.
D)Joan bought the furniture free of Peter's security interest because she had no notice of it.
E)Joan is obliged to give the furniture to Peter.
Q2) Royal Bank is considering making a loan to O'Dell Inc, a manufacturer of computers.O'Dell is seeking a loan of $100 000 repayable over three years.If you were the bank manager, what kinds of information would you need to assess the risk of non-payment by O'Dell?
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Chapter 23: Dealing With Bankruptcy and Insolvency
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Q1) Milo's Pedantry Inc is in bankruptcy.The owner of the company wants to better understand the process of bankruptcy.He therefore has asked you to identify and briefly explain the various people involved in the process.Which of the following statements is TRUE?
A)The trustee will acquire legal title to the company's unsecured assets and, after assessing the various claims against the debtor, liquidate the assets and distribute the proceeds accordingly.
B)The superintendent is the person who supervises, in a hands-on manner, the administration of the bankruptcy proceedings.
C)The registrar is appointed by the federal cabinet to inspect and investigate bankrupt's estates.
D)The inspectors are appointed by the debtor for the purpose of verifying the creditors' claims.
E)The debtor remains in possession and control of the assets until the bankruptcy is completed.
Q2) Explain how bankruptcy and insolvency law facilitates the operation of the market for credit in Canada.
Q3) What are two differences between corporate and personal bankruptcy?
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Chapter 24: Government Regulation of Business
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Q1) With respect to the Competition Act, identify and briefly explain (a) the nature, purpose, and operation of the Act, (b) the categories of anti-competitive behaviour that are recognized by the Act, and (c) examples of each category.
Q2) Stipe refers to himself as "the Money Wizard." At any given time, he will tell you, he has "at least a dozen cash-creating projects in operation." And true enough, Stipe has made a substantial amount of money since graduating from business school just five years ago.It should also be said, however, that another one of Stipe's mottos-"There's no reward without risk"-came back to bite him.He was recently found to have committed a reviewable offence under the Competition Act.Which of the following statements is most likely to be TRUE?
A)Stipe made a small fortune by selling goods on the basis of false testimonials.
B)Stipe sold goods in packages that did not provide bilingual labelling.
C)Under recent amendments to the Competition Act, the court must impose a prison sentence.
D)Stipe sold cigarettes to children.
E)Stipe's anti-competitive behaviour must have caused consumers in two or more provinces to have suffered losses.
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Chapter 25: Individual Employment
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Q1) Roy has missed 10 days of work this year as a result of a reoccurring viral illness.Although he has never missed more than two days of work in a row, his productivity has definitely been affected.Roy's employer has done the math and figured out that his absence from work has prejudiced its business interests.Which of the following is true?
A)The employer has just cause for dismissing Roy.
B)Roy can be dismissed without notice on the basis of his repeated absenteeism.
C)Roy's absenteeism is just cause so long as the employer documents the number of days missed and the lost productivity as a result.
D)In order for absenteeism to be a just cause for dismissal, the employer must demonstrate that the employee was dishonest about his or her absence.
E)The facts do not demonstrate just cause for dismissal without notice.
Q2) Employees (as opposed to independent contractors) are always entitled to reasonable notice or money in lieu regardless of the circumstances of their dismissal.
A)True
B)False
Q3) What is a release? Who signs it? The employer or the employee? Why?
Q4) List several items that may be included in an employee's severance package.
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Chapter 26: Organized Labour
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Q1) The employees at Don's Ice Palace, an ice skating complex, feel that they are being treated unfairly.They consequently want to become unionized, in the hope of pressuring the company into providing better pay and working conditions.The International Brotherhood of Ice Makers (IBIM) and the United Snow and Ice Workers (USIW) are both organizations interested in representing the employees.Which of the following statements is TRUE?
A)IBIM and USIW are both hoping to become the appropriate bargaining unit.
B)The employer has an absolute right to decide whether IBIM or USIW represents the employees.
C)Regardless of where these facts take place, the employees must choose their union through a secret ballot vote.
D)Once the employees have chosen their representative, Don's Ice Palace will be classified as a certified bargaining agent.
E)Once the employees have chosen which union they wish to belong to, that union will be the certified bargaining agent.
Q2) Describe the steps in the process by which a workplace becomes unionized.
Q3) Identify and briefly explain three common types of grievances that arise in the context of organized labour.
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Chapter 27: Online: Special Contracts: Negotiable Instruments
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Q1) Identify and briefly explain three major differences between a negotiable instrument and a regular contract.
Q2) Last October, Johnny Evers sold a gross of baseballs to Joe Tinker for $750.(Small items are often sold in a "gross." A "gross" is a dozen dozens, which is 144.) In payment for the baseballs, Tinker drew a negotiable instrument on his account at Wrigley's Bank and named Evers as the payee.On the same day that he sold the baseballs to Tinker, Evers purchased a ticket to a World Series game from Frank Chance for $750.In order to pay for that ticket, Evers turned over the negotiable instrument that he had received from Tinker, wrote the words "Pay to Frank Chance," and signed his name.At that point, the negotiable instrument most likely consisted of
A)a promissory note with a transferring endorsement.
B)a bill of exchange with a second-party endorsement.
C)a cheque with a special endorsement.
D)a cheque with a closed endorsement.
E)an invalid cheque.
Q3) What is an "acceleration clause"? When and why is such a clause inserted into a negotiable instrument?
Q4) What is the difference between a demand draft, a sight draft, and a time draft?
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