Answer question Essay Example | Topics and Well Written Essays - 1500 words

Answer question - Essay Example When the intentions of the parties are clear from the written contract, a court will not consider additional evidence on the parties’ intentions. TRUE p64 7. An employment contract could contain an exclusion clause that prevents the employer from recovering from the employee damages the employer has to pay under the doctrine of vicarious liability. TRUE p151 8. Upon being issued a demand for documents, a party must produce all relevant documents. TRUE p158 9. Supervision connotes a greater degree of involvement during construction process than inspection. TRUE p168 10. Not all agreements are contracts. FALSE p44 Multiple Choice: 11. Which of the following is a federal power under the Canadian Constitution? A. FISHERIES p1 12. A director is considering buying a car for the corporation from a car dealership that is owned by his brother. To be absolutely safe, what should the director do before making the purchase? C. DISCLOSE THE DIRECTOR’S RELATIONSHIP WITH THE SELLER AN D HAVE THE PURCHASE APPROVED BY THE INDEPENDENT DIRECTORS ON THE BOARD p39 13. To establish causation, the plaintiff must show that B. BUT FOR THE BREACH OF DUTY OF THE DEFENDANT, THE LOSS WOULD NOT HAVE OCCURRED, AND THAT THE DEFENDANT’S BREACH WAS THE PROXIMATE CAUSE OF THE LOSS. P137 14. When can a party revoke an offer? D. ANYTIME BEFORE IT IS ACCEPTED p45 15. Which of the following would be acceptable consideration in exchange for a contractor building a house? D. ALL OF THE ABOVE p46 16. The owner insists that the contractor perform certain work that the contractor claims is not part of the contract. Which of the following is an appropriate course of action for the contractor? C. PERFORM ALL CONTRACTUAL OBLIGATIONS APART FROM THE DISPUTED WORK p61 17. What is the name of the rule that generally excludes extrinsic evidence when interpreting a contract? C. PAROL EVIDENCE RULE p66 18. Which is the most common remedy for breach of construction contracts? B. DAMAGES p59 Shor t Answer: 19. What rule applies when federal and provincial legislation have a direct operational conflict? p1 When federal and provincial legislation have direct operational conflict, the Canadian Constitution declares that the federal law shall prevail. The constitution assigns all issues that have national importance under the power of the Federal Parliament. The fact that the federal laws also touch on the matter being handled by a provincial legislation means that it is of national importance. Therefore, the federal law should prevail over the provincial legislation. 20. If you are setting up a business and are not concerned about liability, but expect to be very successful, what disadvantages is there to operating as a sole proprietor? P34-35 If one operates as a sole proprietor, the primary disadvantage is the fact that the sole proprietor shall bear all liabilities that may be incurred by the business. Business losses, debts, and third-party liabilities are all for the accou nt of the sole proprietor. Another disadvantage is on the matter of taxation. The income of the sole proprietor is subject to individual income tax which may have higher rate than partnerships and corporations. Also, he may not avail of any tax incentives that are available to partnerships and corporations. 21. What is the key difference between obligation imposed under tort law compared to those imposed under contract law? P131 The obligation

Management Practice of the 21st Century Essay Example | Topics and Well Written Essays - 6250 words

Management Practice of the 21st Century - Essay Example decentralized command-and-control, and so forth. (Manager2006) To some extent they have experience managerial behaviour in different tastes and concerns. For example in business concerns sales: Today do we deploy the same patterns of selling behaviour as it was some decades ago Does that pattern is aligned by product, geography, or industry Does technology have some impact in the marketing of that product Many twenty-plus year sales veterans recall that they have witnessed all three models implemented within the same firm, seen them come, and go, and come back. However, managers, and especially senior executives, are increasingly learning that relying solely on memory of past experiences to make decisions is also problematic. If an industry or market is changing, prior experience and personal memory may be outdated, irrelevant to the new circumstance. An incorrect lesson can also be drawn from prior experience. Coca-Cola's senior management appeared quite affected by this when they decided to retire the firm's premier product the Coca-Cola drin k and replace it with a new variant. The results were disastrous and the firm had to bring back its main product, now called Coca-Cola Classic. The episode has gone down in business history as a classic misjudgement. Smart people just drew the wrong lessons from past events. That is why the rigors of knowledge management and analysis of market conditions must exist side-by-side with personal expertise and experience. (Manager2006) According to Winchester John, organizations that adopt e-business practices make use of electronic networks to transform their processes and exchange value, including money, goods and services. The model for these new kinds of companies has evolved from websites through e-commerce and e-channels to an all-pervasive use of electronic means to interact, collaborate and transact business. The significant investment that is being made by enterprises in this sector is accelerating the pace at which transactions and information can be moved across the world's communications networks and in turn is transforming more customers into e-consumers. In addition to the development of the market itself, advances in technology are enabling these solutions to perform more business functions and services than ever before. (Winchester, 2006) Managing Supply Chain 21st century business environmentis defined byrapid change on a global scale, in terms