Operations Strategy
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Course Introduction
Operations Strategy explores the development and implementation of long-term plans that determine the structure and capabilities of a company's operations to support its overall business objectives. The course examines how organizations can create competitive advantages by aligning operations with corporate strategy, focusing on topics such as capacity planning, process innovation, supply chain design, technology integration, and quality management. Students analyze real-world cases to understand how companies in various industries use operations strategy to respond to market demands, address global challenges, and achieve sustainable growth. The course emphasizes both analytical tools and strategic thinking required to make effective operations decisions in dynamic business environments.
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Chapter 1: Managing Your Legal Affairs
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Q1) What is the main role of a lawyer?
Answer: To provide legal advice relevant to a client's situation.
Q2) What recent development has given non-lawyers greater access to legal information?
Answer: The tremendous increase of legal information available online has given non-lawyers greater access to legal information.
Q3) When is a contingency fee agreement most often used?
Answer: Contingency fees are most often used in personal injury or product liability cases.
Q4) Which of the following is not a good reason for a business person to seek advice from a lawyer?
A)The businessperson cannot find the necessary legal information.
B)The businessperson cannot understand the necessary legal information.
C)The necessary legal information is available online.
D)It would take too long for the businessperson to find the necessary legal information.
E)The businessperson is facing criminal charges.
Answer: C
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Chapter 2: Introduction to the Legal System
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Q1) There are no limitations to the right of freedom of expression.
A)True
B)False
Answer: False
Q2) Which of the following is a right or freedom guaranteed in the Charter?
A)The right to own property
B)The right to have your children educated in any language
C)The right to bear arms
D)The right to vote in federal and provincial elections
E)The right to be assured of a minimum level of income
Answer: D
Q3) Which one of the following is not generally recognized as a source of the common law?
A)The law of equity
B)The law merchant
C)Local British customs and traditions
D)Roman civil law
E)Church (or canon)law
Answer: A
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Chapter 3: The Resolution of Disputes: The Courts and Alternatives to Litigation
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Q1) Explain what is meant by a "garnish."
Answer: Funds that are owed to the judgment debtor can be intercepted by the creditor by serving a garnishment order on the bank or employer,etc.,who owes that money to that judgment debtor.On receipt of such an order,the money must be paid into court to the Court Clerk,who will distribute the monies to the judgment creditors of the judgment debtor.
Q2) Indicate what can be appealed in an appeal court.
Answer: Usually only questions of law can be appealed.Questions of fact are to be decided at the trial.
Q3) To date,online dispute resolution programs have not been developed to help resolve disputes between parties.
A)True
B)False
Answer: False
Q4) What does a successful negotiation require?
Answer: Negotiation requires an understanding of the issues and a willingness to cooperate and compromise.
Q5) Indicate two alternatives to court action. Answer: Negotiation,mediation,and arbitration.
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Chapter 4: Intentional Torts and Torts Impacting Business
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Q1) What is a tort?
Q2) Define defamation.
Q3) Joe is struck by a car driven by a careless driver and thrown 30 feet onto Sam's property,causing damages to his prized rose bush.Is Joe responsible?
Q4) The federal government's Personal Information Protection and Electronic Documents Act
A)applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.
B)creates a general right to sue in tort for a violation of its provisions.
C)gives people right of access to personal information held by the government and government agencies.
D)provides suggested guidelines,but there are no sanctions for violations.
E)does not apply to personal information collected over the Internet.
Q5) A person will not succeed in an action for defamation unless the falsehood has been told to some third party.
A)True
B)False
Q6) Explain the difference between qualified and absolute privilege.
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Chapter 5: Negligence,Professional Liability,and Insurance
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Q1) What is the forfeiture rule?
Q2) A principle established in Donoghue v.Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.
A)True
B)False
Q3) Explain how the courts determine whether a duty of care exists in a negligence action.
Q4) Explain what is meant by an insurable interest and what impact the existence of this principle has on the right to collect on an insurance claim.
Q5) Mary was driving down the road when Sam came out from a side road,went through a stop sign,and struck the side of her car.Upon later examination of Mary's car,it was determined that the brakes were worn down beyond the point of safety.Sam sued her for negligence.Explain the likely result.
Q6) With respect to limitation clauses in standard form insurance contracts,on what basis do the courts typically interpret clause ambiguity?
Q7) What elements must be established in order to succeed in a negligence action?
Q8) What is the reasonable foreseeability test used for?
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Chapter 6: The Elements of a Contract: Consensus and Consideration
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Q1) For the requirement of consideration to be satisfied,at least one of the parties must have performed what they promised.
A)True
B)False
Q2) X contracted with Z.X promised to pay $500 and Z promised to build a cabinet to hold X's fine china.The essential terms included the type and quality of the wood,the dimensions,and the date of completion-February 13.The work went more easily than expected and Z said to X,"If you pay me another $85,I will have this finished and be out of here by February 10." X agreed.If the cabinet was done to specifications by the 10th,but X refused to pay anything,Z would be entitled in law to A)nothing.
B)$500.
C)$585.
D)only $85.
E)a "fair price."
Q3) Indicate how consumers are protected in standard form contract situations.
Q4) A reasonable price paid for requested services is referred to in law as ________.
Q5) To what does a "standard form contract" refer?
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Chapter 7: The Elements of a Contract: Capacity, Legality, and Intention
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Q1) The case of Canadian Imperial Bank of Commerce v.Milhomens examined the effect of one party's insanity on a contract.What did the Court find?
A)For a contract to be voidable because of insanity,one party must be insane and the other party must have known (or ought to have known)of the insanity.
B)If a person has the mental faculties to sign a contract,that person cannot be insane.
C)If an insane person enters into a contract,that contract is automatically void.
D)Contracts are not enforceable by either party if one party can establish a mental defect.
E)The relevant test for insanity is simply whether one party believed the other to be insane at the moment the offer was made.
Q2) What is a guarantee?
Q3) The creation of a joint tenancy in land must be evidenced in writing.
A)True
B)False
Q4) Indicate the distinction between a guarantee and an indemnity.
Q5) What is an indemnity?
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Chapter 8: Factors Affecting the Contractual Relationship
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Q1) Explain what is meant by a novation.
Q2) Explain what is meant by a "statutory assignment."
Q3) Mr.Copperfield,a collector of movie memorabilia,bid $250,000 on the Batmobile.After taking delivery,he discovered the car was not the car actually used in the film "Batman," it was merely one of five cars used to promote the film.He is suing the seller,Mr.Eisenberg.In which of the following cases would Mr.Copperfield not be entitled to a remedy? (Assume that in each case the facts could be proven.)
A)Fraudulent misrepresentation by Mr.Eisenberg
B)Innocent misrepresentation by Mr.Eisenberg
C)Breach of contract by Mr.Eisenberg
D)Negligent misrepresentation by Mr.Eisenberg
E)Unilateral mistake by Mr.Copperfield
Q4) The purpose of contract law is to give effect to the reasonable expectations of the parties to an agreement.
A)True
B)False
Q5) A trust inferred by the courts to benefit a third party to a contract is known as ________.
Q6) Distinguish between duress and undue influence.
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Chapter 9: The End of the Contractual Relationship
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Q1) Injunction is an example of an equitable remedy.
A)True
B)False
Q2) Under what circumstances will a court order a mandatory injunction? Illustrate with a real-world example.
Q3) The courts are extremely reluctant to grant any compensation for the breaching party's partial performance of the agreement,unless the contractual obligations have been substantially performed.
A)True
B)False
Q4) An injunction is designed to punish someone for breaching a contract.
A)True
B)False
Q5) For a contract to be frustrated,performance must be impossible.
A)True
B)False
Q6) Indicate the various ways that the contractual relationship can come to an end.
Q7) What is the result of a repudiation?
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Q8) When a contract has been performed in all but a minor aspect of it,this is known as
Chapter 10: Agency and Partnership
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Q1) Because of an alarming drop in the earnings of Microminds Ltd.,Roger,the principal contract negotiator and president of the software development company,called a meeting to discuss productivity and customer satisfaction.At the meeting were Michael,a troubleshooter who helped customers over the phone who needed guidance in using the company's software; Ralph,the receptionist and purchaser of the office supplies for the company; Keith and Jason,salesmen hired on a commission basis (i.e.,not as employees but as independent contractors); Mr.Toman,purchasing agent for the Vancouver School Board,an important customer; and Mr.Rice,purchasing agent for Matol Toys Ltd.,also a customer.Which of these is acting as an agent?
A)All of them
B)All of them except Keith and Jason
C)All of them except Michael
D)Roger,Toman,and Rice only
E)Only Roger
Q2) Explain what is meant by an undisclosed principal and the significance of such a relationship.
Q3) "Partners must make clear in their partnership agreement any limitations on authority they wish to impose on each other when entering into contracts with outsiders." Discuss the accuracy of this statement.
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Chapter 11: Corporations
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Q1) A corporation is a fiction that does not exist in reality.
A)True
B)False
Q2) A debenture creates a creditor/debtor relationship.
A)True
B)False
Q3) Indicate the main disadvantages to incorporation.
Q4) What duty to directors owe to creditors?
Q5) Explain why a corporation is referred to as a legal fiction.
Q6) Discuss the process of incorporation in your jurisdiction,including practical tips for maximizing the advantages offered by this form of business organization.
Q7) Explain the nature of an annual general meeting.
Q8) What does it mean to be a broadly held corporation?
Q9) Directors can be responsible for unpaid taxes,payroll deductions,damage to the environment and for not complying with either consumer protection or human rights legislation.Courts have found directors liable,using an objective test,for not exercising due diligence or a reasonable degree of care and skill.Comment on whether you think this imposes too much responsibility on directors and whether it dilutes the concept of a separate legal entity.
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Chapter 12: Employment
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Questions
Q1) With regard to employment law,which of the following is false?
A)An employee must be punctual and obedient.
B)The common law provides that an employee who wants to quit his job because he wants to take another owes his employer reasonable notice.
C)The most common remedy awarded by the courts in wrongful dismissal cases is reinstatement (i.e.,the employer responsible for the wrongful dismissal must take the employee back).
D)An employee badly injured on the job can make a claim against a fund of money provided by employers who are obligated by law to contribute.
E)A unionized employee does not negotiate personally with the employer for his or her employment contract.
Q2) Federal and provincial human rights legislation cover all of the following issues except
A)harassment.
B)disabled workers.
C)pay equity.
D)affirmative action.
E)minimum wage.
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Chapter 13: Intellectual Property
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Q1) What is the main purpose of patent law?
Q2) What is an interlocutory injunction?
Q3) Which of the following is true with regard to our Canadian Copyright Act?
A)The statute is a provincial statute with each province having its own unique statutes.
B)The statute expressly provides that computer programs are not copyrightable.
C)The statute provides for copyright protection only where the copyright is registered and the owner of copyright uses the following form of notice: (c)year of creation,name of creator.
D)The statute provides that the employer owns copyright in a work created by the employee in the course of his employment,in the absence of any agreement to the contrary.
E)Copyright is protected both by statute and in common law.
Q4) Distinguish between copyright and patent.
Q5) It is possible for a trademark name to lose its status through common use.
A)True
B)False
Q6) "One of the most effective statutes in Canada protecting confidential information is the Trade Secrets Act." Discuss the accuracy of this statement.
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Chapter 14: Real and Personal Property and Protection of the Environment
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Q1) When a landlord seizes the tenant's property for failure to pay rent,this is called
Q2) Who is responsible for the repair of the premises in a normal rental agreement?
Q3) What is meant by a reversionary interest in a life estate?
Q4) What is meant by a chattel?
Q5) Historically,the mortgage transaction involved the mortgagee transferring title to the property to the mortgagor as security for the loan.
A)True
B)False
Q6) The term "equity," in common use,describes the value of property after all debts and claims owing on it are deducted.
A)True
B)False
Q7) Discuss which economic growth and industry activities have prompted all three levels of government to exercise their legislative authority to protect the environment.
Q8) Distinguish between real and personal property.
Q9) Explain what is meant by a fee simple interest.
Q10) Does the principle of frustration apply in landlord and tenant relationships? Page 16
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Chapter 15: Priority of Creditors
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Q1) In a secured transaction pursuant to the Personal Property Security Act,etc.,what is the purpose of a registration?
Q2) Crops still in the ground and products in the process of being made can be used by Chartered Banks as security.
A)True
B)False
Q3) Settlements involve the transfer of assets for nominal or no consideration.
A)True
B)False
Q4) Distinguish between bankruptcy and insolvency.
Q5) Real and personal property can be used to secure a loan. A)True
B)False
Q6) Explain the purpose of the Fraudulent Preferences Act (name will vary from province to province).
Q7) The practice of paying out one creditor over another is known as fraudulent preference.
A)True
B)False
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Chapter 16: Sales and Consumer Protection
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Q1) Explain how the Bankruptcy and Insolvency Act protects the position of an unpaid seller.
Q2) An agreement to sell involves a contract to sell goods where the actual title will transfer sometime in the future.
A)True
B)False
Q3) Explain how the money lending business is controlled in your province.
Q4) There is a cooling-off period in all consumer sales transactions where the purchaser of goods has a period of time in which to change her mind.
A)True
B)False
Q5) What is the effect of an unpaid seller's lien?
Q6) Explain three significant contributions of the federal Competition Act.
Q7) Explain the importance of the provisions of the Sale of Goods Act relating to fitness and quality of the goods.
Q8) Privity of contract does not apply to consumer transactions.
A)True
B)False
Q9) Distinguish between a sale and an agreement to sell.
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