Sustainability in Business
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Course Introduction
This course explores the principles and practices of sustainability within the context of modern business. Students will examine how organizations can operate in ways that are environmentally responsible, socially equitable, and economically viable. Key topics include sustainable supply chain management, corporate social responsibility, environmental impact assessment, and strategies for integrating sustainability into core business functions. Through case studies and real-world examples, the course highlights the challenges and opportunities businesses face in adopting sustainable practices, as well as the role of innovation, regulation, and stakeholder engagement in driving sustainable change.
Recommended Textbook Operations Management Sustainability and Supply Chain Management 3rd Canadian Edition by
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Chapter 1: Managing Your Legal Affairs
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Q1) A small business owner
A)is wise to obtain legal aid for business matters rather than having to incur legal costs.
B)is automatically entitled to legal aid assistance.
C)is usually not able to receive legal aid with respect to the type of legal issues involving the business.
D)should always use duty counsel rather than having to retain a lawyer.
E)should retain duty counsel to draft contracts outlining legal duties.
Answer: C
Q2) A provincial law society
A)is a self-governing body for lawyers.
B)has as its mandate the provision of free legal services in the public interest.
C)operates primarily to offer low-cost legal advice to members.
D)operates primarily to enhance the commercial interests of its members.
E)is a self-governing body for businesspeople seeking legal advice.
Answer: A
Q3) When should a client ideally first discuss the issue of fees with a lawyer?
Answer: Fees should be discussed during the initial consultation.
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Chapter 2: Introduction to the Legal System
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Q1) Laws which restrict collective bargaining are not subject to the Charter of Rights and Freedoms.
A)True
B)False
Answer: False
Q2) Which of the following is true with regard to Canada's Constitution?
A)The British North America Act of 1867,the first document to determine which classes of subjects could be dealt with by the provinces and which by the federal government,was passed by our federal parliament.
B)The Charter of Rights and Freedoms is a part of the BNA Act,1867.
C)The Charter of Rights and Freedoms cannot be amended by the federal parliament acting alone.
D)The Constitution Act,1982 requires British Parliament to amend it.
E)Our Constitution consists of only the Charter of Rights and Freedoms.
Answer: C
Q3) Stare decisis can contribute to stagnation.
A)True
B)False
Answer: True
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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 privative clause.
Answer: A privative clause is a clause included in legislation with the objective of prohibiting the courts from reviewing in any way the decision made by the decision maker empowered in the legislation.
Q2) Juries are limited to criminal matters.
A)True
B)False
Answer: False
Q3) When we eventually get some cases that interpret a new section of the Criminal Code of Canada,from which of the following courts will we get the most authoritative precedent (i.e.,the most binding ruling)?
A)The Manitoba Court of Queen's Bench
B)The Ontario Court of Appeal
C)The Federal Court of Appeal
D)The Supreme Court of B.C.
E)The Supreme Court of Canada
Answer: E
Q4) How many judges usually sit on the Supreme Court of Canada?
Answer: There are 9 judges.
Page 5
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Chapter 4: Intentional Torts and Torts Impacting Business
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Q1) Violations of privacy occur when private information is exchanged in a commercial transaction over the Internet and then is used again even with consent.
A)True
B)False
Q2) All of the following are examples of unfair competition except
A)one business seeking confidential information from the employees of another.
B)one business intentionally lowering its prices to encourage customers to purchase its products.
C)intimidation to discourage someone from selling a product at a lower price.
D)one restaurant sending employees to the door of another to redirect customers to the first.
E)intimidation to discourage someone from opening a business in a particular area.
Q3) The tort of deceit involves
A)a negligent misstatement by a professional.
B)use of the criminal justice to improperly attack a competitor.
C)the fraudulent and intentional misleading of another person,causing damage.
D)the intentional misappropriation of the property of another.
E)misleading the public as to the origin of a particular good.
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Chapter 5: Negligence,Professional Liability,and Insurance
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Q1) Discuss the development of legal liability for negligent misstatement and how and why the approach to negligent misstatement differs from the approach to negligent conduct.
Q2) Once it has paid out on the loss,an insurance company can step into the shoes of the insured and pursue a claim against the person who caused the loss.
A)True
B)False
Q3) We owe a duty to anyone we can reasonably anticipate might be harmed by our conduct.
A)True
B)False
Q4) 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.
Q5) When the Court recognizes pre-existing frailties and the award of damages aims at restoring the plaintiff to that position,we say the Court is applying ________.
Q6) What elements must be established in order to succeed in a negligence action?
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Chapter 6: The Elements of a Contract: Consensus and Consideration
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Q1) To what does a "standard form contract" refer?
Q2) Which of the following would best satisfy the requirements for a good legal offer?
A)"I'll pay you at least $300 for your horse,Blackie,and even more if the horse is lucky."
B)"I'll drive you to Seattle on Saturday."
C)"The purchaser will pay $1000 for one of the seller's laser printers,the exact model to be determined at a later date."
D)"I'll give you $1 for your new green bike."
E)On a flyer placed on your windshield):"We have the best offer in town! A mint 1956 Chevrolet for $20,000."
Q3) Mary received an unsolicited selection of CDs in the mail with a letter informing her that she was now a member of the CD of the Month Club.It also said that if she didn't want these CDs,she could simply send them back.Otherwise,she would be billed $10 for each CD at the end of the month.She simply put them away,and did not respond.They continued to send her more CDs each month until she had received 100 of them over a period of 10 months.The club then sent her a letter demanding payment or they would take legal action.Explain her legal obligation in these circumstances.
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Chapter 7: The Elements of a Contract: Capacity, Legality, and Intention
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Q1) All contracts to restrict competition are void.
A)True
B)False
Q2) In which of the following situations would there be an enforceable contract despite the lack of a written contract?
A)Jack agrees to build a garage for Sam after he finished the remainder of his 2-year army hitch (he has 14 months left).
B)Jack leases a storage facility for duration of his 2-year army hitch.
C)Contractor Joe agreed to build a $250,000 home for Sam on Sam's land,to be completed no later than 9 months from the date of agreement.
D)Sam agreed to trade his vacation cottage with Joe in exchange for Joe's yacht.
E)Sam agreed to guarantee a loan for his friend Joe.
Q3) What is the term for a primary obligation of a third party to pay a debt along with a debtor?
Q4) If the relationship between the contracting parties is primarily commercial in nature,what do the courts presume?
Q5) Explain the legal position of an infant who enters into a contract with an adult.
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Chapter 8: Factors Affecting the Contractual Relationship
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Q1) The purpose of contract law is to give effect to the reasonable expectations of the parties to an agreement.
A)True
B)False
Q2) Rules of interpretation are guidelines used by the court to correct simple misunderstandings in relation to the contract.
A)True
B)False
Q3) Explain what is meant by "vicarious performance."
Q4) The original party cannot enforce a contract that bestows benefits on an outsider.
A)True
B)False
Q5) Explain why agency is not really an exception to the privity rule.
Q6) What's the effect of a court determining that undue influence has been present in a contractual relationship?
Q7) Correction by the court of the wording of a mistake in the contract is known as ________.
Q8) In what way is a trust an exception to the privity rule?
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Chapter 9: The End of the Contractual Relationship
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Q1) A breach of warranty will bring the contract to an end.
A)True
B)False
Q2) Ellis agreed to paint Lee's house for $1500.A month before the performance was due,Lee called and told Ellis that she had changed her mind and was going to have her house stuccoed instead.Ellis insisted that they had a contract and that he was going to paint the house anyway.Lee repeated that she was not going to go through with it,but Ellis insisted the contract was still on.Before further steps could be taken by either party,Lee's house was destroyed by a freak airplane accident.Which one of the following statements describes the law applicable to these facts?
A)Ellis's conduct amounted to repudiation,and Lee could have sued for breach of contract immediately after the phone call.
B)Lee could have accepted Ellis's conduct as an anticipatory breach.
C)The contract has been discharged by frustration.
D)Ellis will be able to successfully claim as damages the amount that he would have made if the contract had been performed.
E)Lee's conduct did not amount to a breach since she told him a month before performance was due that she didn't want the house painted.
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Chapter 10: Agency and Partnership
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Q1) Which of the following is true in respect of limited liability partnerships (LLPs)?
A)Historically,professionals have relied primarily on incorporation for carrying on business.
B)Provincial limited liability partnership legislation has been introduced in various jurisdictions across Canada.
C)Professionals are prohibited from operating under a limited liability partnership.
D)The main advantage to those carrying on business as an LLP is that potential liability is limited for torts,for breach contract,and for breach of trust.
E)Unlike limited partners,those operating through LLPs are not burdened with limitations with respect to naming,registration,or other requirements.
Q2) An agent cannot bind the principal in a contract with a third party unless there is an agency contract between the principal and the agent.
A)True
B)False
Q3) Distinguish between a sole proprietorship and a corporation.
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Chapter 11: Corporations
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Q1) Explain what is meant by pre-emptive rights.
Q2) Indicate the main disadvantages to incorporation.
Q3) Smith,Jones,and Brown incorporated XYZ Ltd.The three were sole shareholders,directors,officers,and employees.Jones and Brown disliked working with Smith.They knew he was good for the business,but they disliked his personality and politics.After a year,Jones and Brown,as directors,removed Smith as an officer and employee and raised their own salaries as employees.They then voted Smith out as a director at the next shareholders' meeting.Which one of the following provisions would aid Smith?
A)Relief-from-oppression provisions
B)Pre-emptive right provisions
C)Indoor-management rule
D)Derivative-action provisions
E)Dissent procedures
Q4) A corporation is considered to be a separate legal entity from the shareholders who make it up.
A)True
B)False
Q5) What happens if annual returns are not filed for a corporation?
Q6) What is meant by the term "prospectus"?
Page 13
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Chapter 12: Employment
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Q1) Under vicarious liability,the employer will not escape liability if the employee negligently hurts the plaintiff while "on a frolic of his own."
A)True
B)False
Q2) (Modify this question for your province.)To which legislation would a person turn when they have been discriminated against when seeking employment?
A)Bill of Rights
B)Human Rights Code
C)Labour Relations Code
D)Charter of Rights and Freedoms
E)Employment Standards Act
Q3) What significant differences are there between the rights associated with public sector employees and those associated with private sector unionized employees?
Q4) Give examples of three areas that are controlled by the employment standards legislation.
Q5) Indicate what kinds of restrictions there are on an employer's right to dismiss an employee.
Q6) To what does the term "grievance process" refer?
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Chapter 13: Intellectual Property
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Sample Questions
Q1) What is the main purpose of patent law?
Q2) Indicate three things that cannot be used as a trademark.
Q3) Indicate three things that cannot be patented.
Q4) In order to successfully sue someone for violation of trademark,what must be established?
Q5) In order to obtain an interlocutory injunction,what must the plaintiff establish?
Q6) Indicate four remedies that may be available to the victim of the breach of copyright.
Q7) Explain the nature of "fair dealing."
Q8) What is the period of protection associated with patent law?
Q9) Explain the concept of "delivery up."
Q10) What is an interlocutory injunction?
Q11) What rights are obtained by the granting of a patent?
Q12) If a copyright owner has grounds for believing that a person is infringing his copyright but fears that the infringer may destroy the evidence,the owner could go to court to get an Anton Piller order,which would allow him to search and seize the evidence.
Page 15
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Chapter 14: Real and Personal Property and Protection of the Environment
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Q1) When a house is built on a lot,the house is an example of
A)a profit a prendre.
B)real property.
C)a chattel.
D)a house is not considered property.
E)an easement.
Q2) Discuss the various obligations of bailees when looking after the property of others.
Q3) Indicate the extent of ownership above and below a parcel of land.
Q4) Who is responsible for the repair of the premises in a normal rental agreement?
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) Indicate three ways that the laws related to residential tenancies have been modified by statute in your jurisdiction.
Q7) Distinguish between an easement and a right of way.
Q9) Explain what is held in a life estate. Page 17
Q8) Explain what is meant by a tenancy at sufferance.
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Chapter 15: Priority of Creditors
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Q1) The Bankruptcy and Insolvency Act allows a supplier of goods to a bankrupt to seek return of those goods.
A)True
B)False
Q2) Hank sold three properties for Mr.W and had been paid his commission for the first,but not for the last two.Hank had done everything according to the contract and according to the relevant statutes,but Mr.W wouldn't pay.Hank knows that Mr.W has a bank account with the Bank of Winnipeg and has money owing to him from a Mr.Gregory.With regard to the collecting of the debt owed,which of the following is false?
A)Hank could sue Mr.W for breach of contract.
B)After obtaining judgment,Hank could force the bank to pay into court an amount of money from Mr.W's account to satisfy the debt.
C)Hank's claim for commission is unenforceable because he failed to secure the debt by retaining title until the amounts were paid.
D)If Hank got judgment against Mr.W,he could get an order commanding seizure of enough of Mr.W's goods to satisfy the judgment debt.
E)If Mr.W goes into bankruptcy,Hank may not get paid.
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Chapter 16: Sales and Consumer Protection
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Q1) Privity of contract does not apply to consumer transactions.
A)True
B)False
Q2) Explain what kind of protection is provided by the Trade Practices Act (Unfair Practices Act,Business Practices Act,Fair Trading Act,etc.depending on the jurisdiction).
Q3) With respect to a sale of goods,which one of the following statements is true?
A)Legislation allows a seller to override the requirement that goods supplied be fit and of merchantable quality in consumer transactions.
B)A seller who has been given a cheque that bounces (is dishonoured for insufficient funds)in payment for goods that he still possesses has rights against the goods themselves as well as an action for breach of contract against the buyer.
C)The Sale of Goods Act also applies to the purchase of real estate and of bonds.
D)If the parties do not agree otherwise,the risk of loss stays with the seller until delivery.
E)If the parties do not agree otherwise,the time of payment is 30 days after the time of delivery.
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