Deck 1: Knowledge of Law As a Business Asset

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Question
The government recently enacted rules governing the use of drones that will limit how they are used by businesses and individuals.What purpose is the law fulfilling in this situation?

A) facilitating planning by ensuring compliance with commitments
B) protecting businesses by setting penalties and ensuring accountability
C) responding to emerging hazards in society and setting rules to protect the public interest
D) ensuring that losses are borne by those who are responsible for them
Use Space or
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Question
Which of the following best describes how law protects members of society?

A) setting rules with penalties and making those who break the law accountable
B) establishing ethical rules and minimizing risks before they materialize
C) constraining business activity and regulating commercial relationships
D) minimizing unknown contingencies to avoid irreconcilable disputes between businesses
Question
A small group of entrepreneurs undertaking a business venture have agreed on the roles each will assume in the business,but they must now determine the form of business structure for the enterprise.What does the law facilitate by offering entrepreneurs different business structure options?

A) choice of degree of exposure to liability for business risks
B) rules that make written agreements between parties binding
C) opportunities to maximize the protections that the law extends
D) legal certainty for activities conducted in the commercial arena
Question
Jim has retained a lawyer to file a lawsuit claiming economic loss due to theft of business revenues by his partner.What form of dispute resolution has Jim undertaken?

A) arbitration
B) mediation
C) litigation
D) reconciliation
Question
Joy is a sales representative with EduPlan Ltd.,a business selling education savings plans.She received a hospital record setting out the names and contact information of women who recently gave birth at a local hospital.She received the record from her friend who is a nurse in the maternity ward,who photocopied it without permission.Joy intends to contact these potential leads about purchasing an annuity from her business.How does the law impact the disclosure of this record to Joy?

A) by requiring businesses and organizations to protect the privacy of personal information by imposing and collecting fines when they breach this obligation
B) by ensuring that Joy is required to compensate her friend for her assistance in providing the record
C) by punishing Joy for using the record for a purpose that was not contemplated when the record was created
D) by requiring Joy to obtain the hospital's consent before using the record
Question
Groot Industries Inc.requires more space in order to expand its business.Which of the following is a legal decision that Groot Industries Inc.must now undertake?

A) who should be hired to construct a new building
B) whether its new premises will be regulated by health and fire regulations
C) whether to buy,build,or lease additional premises
D) whether to obtain insurance for its new premises
Question
Organic Veggies'4'U Inc.has entered into a one-year,extendable supplier contract with EcoWise Fertilizers Ltd.for the delivery of 1.5-ton pallets of worm castings fertilizer at a price of $2,000 per ton in March and June.What type of role do contract law and its contributions to the establishment of this business relationship have?

A) a facilitating role,providing definition,context,and certainty
B) an ethical role,facilitating better environmental practices
C) a litigation role,defining clear areas of liability for breach
D) a governing role,providing a comprehensive action plan
Question
Novel Swings Inc.has a contract to begin construction of a school's swing set on June 15th,and work is to be completed by August 1st.After weeks of wet weather,the ground was unsuitable for work to begin in June and Novel will not meet the completion deadline.Which statement best describes the legal status of the contractual relationship between Novel Swings and the school?

A) The contract is void due to wet weather.
B) The contract requires renegotiation.
C) The contract is in good standing.
D) The contract has been breached.
Question
Which of the following best describes the nature of the arbitration process?

A) negotiated resolution with the assistance of a neutral person
B) neutral party makes a decision (usually binding)that resolves a dispute
C) submission to judge for decision-making
D) renegotiation of the contract with the assistance of a judge
Question
Champion Well Drilling Inc.is being sued for rupturing a gas line while drilling a well on a customer's property.How might Champion best avoid similar risks in the future?

A) by developing and implementing a legal risk management plan
B) by limiting itself to zero-risk projects
C) by ensuring it has sufficient resources set aside to pay out future judgments
D) by hiring a mediator to assist in resolving future legal disputes
Question
What are the commonly used alternative dispute resolution methods for avoiding litigation?

A) intervention,negotiation,and reconciliation
B) intervention,arbitration,and mediation
C) negotiation,mediation,and adjudication
D) direct negotiation,mediation,and arbitration
Question
After numerous requests for payment for the services it provided to a client,Cando Enterprises Inc.found it necessary to sue in order to recover the amount it was owed.What type of law did Cando Enterprises Inc.resort to?

A) employment
B) business
C) criminal
D) contract
Question
What is the purpose of contract law?

A) to ensure litigation of parties committing contractual breach
B) to prescribe principles and values for use in society
C) to determine right and wrong in the business world
D) to enforce expectations and facilitate planning
Question
Kamal is a computer technician who is about to enter into a one-year contract to provide IT services to a real estate agency.From Kamal's perspective,what is the most important function of this contract?

A) to establish penalties for non-compliance
B) to deal fairly with unexpected events
C) to resolve conflicts
D) to plan for the future and enforce expectations
Question
What is one of the most significant contributions the law can make in the commercial arena?

A) establishing penalties for breaching promises
B) defining the moral principles and values of the relationship
C) creating certainty in business relationships
D) setting standards for service in business relationships
Question
Which of the following is NOT an objective of business law?

A) protection of business ideas and tangible property
B) ensuring losses are borne by those who cause them
C) imposition of fines on those who breach contracts
D) facilitating planning by ensuring compliance with commitments
Question
Which law regulates privacy standards in most Canadian provinces?

A) the Consumer Protection Act
B) the Personal Information Protection and Electronic Documents Act
C) the Criminal Code of Canada
D) the Privacy and Marketing Act
Question
What is the role of business ethics?

A) to provide a comprehensive plan for dealing with legal risk
B) to establish principles and values for determining right and wrong in the business world
C) to resolve disputes between conflicting parties
D) to impose legal responsibility for an event or loss that has occurred
Question
What might be the legal consequence if a business were to choose a name for its new product that is very similar to the name already used by a competitor for its competing product?

A) mandatory arbitration
B) a lawsuit for defamation
C) a lawsuit for passing off
D) prosecution under the Criminal Code
Question
Which of the following best defines business law?

A) legal responsibility for the occurrence of an event causing loss
B) rules governing commercial relationships and the enforcement of rights
C) rules governing procedures involved when one person sues another
D) rules providing members of a society with established rights
Question
Alpha Textile Ltd.has developed a line of clothing and is considering using the brand name Kalvin Clein in order to take advantage of the familiarity of its target market with a well-known designer named Calvin Klein.What legal consequences might Alpha Textile Ltd.face if it proceeds with its plan?

A) being sued for negligence by its customers
B) criminal proceedings for breach of trademark legislation
C) being sued for damages by Calvin Klein
D) no legal consequences because it is not actually using the name Calvin Klein
Question
One of the goals of Canadian law is to ensure that losses are paid for by the parties responsible for creating them.
Question
What are the standard forms of business structure available to entrepreneurs to facilitate creation of a for-profit business enterprise?

A) sole owner,proprietor,and partnership
B) sole proprietor,partnership,and corporation
C) sole partnership,proprietor,and corporation
D) sole owner,proprietor,and corporation
Question
Which statement best exemplifies a protective element of Canadian law?

A) It seeks to make those who break the law accountable.
B) It sets rules in order to encourage complexity.
C) It sets rules in order to encourage complacence.
D) It provides rules that prohibit making commitments.
Question
In every type of business dispute resolution,Canadian law requires that a judge must decide the amount of the loss to prevent hard feelings between the parties and allow the business relationship to be maintained.
Question
What type of law is the vehicle for ensuring that those affected by a failed business are treated fairly,reasonably,and in accordance with agreed rules?

A) bankruptcy
B) contract
C) criminal
D) corporate
Question
The law is primarily about rules that constrain commerce.
Question
Canadian business law consists of a set of established bilingual rules governing commercial relationships that exclude enforcement of rights.
Question
How does the law impact the marketing activities of a business?

A) It requires businesses to customize marketing to the recipient.
B) It imposes limitations on how far a business may go in extolling the virtues of its product.
C) It does not regulate marketing activities.
D) It requires that marketing activities treat all individuals equally.
Question
Litigation is usually the most cost-effective method for resolving legal disputes.
Question
Mediation and arbitration are mechanisms offered by the legal system for avoiding litigation.
Question
A contract provides the legal backdrop to commercial relationships by defining the rights and obligations of the parties,but it is the business relationship itself that will determine whether,in a conflict,the parties will insist upon strict enforcement of their legal rights.
Question
A business that neglects to protect its intellectual property may have its ideas taken with impunity by a competitor.
Question
Litigation is an expensive and lengthy process that involves one business entity attempting to find a resolution for a conflict caused by the other party to the contract by actively engaging in negotiations aided by a neutral party.
Question
What is usually the first logical step for parties involved in a legal dispute?

A) to submit their dispute to a mediator
B) to engage legal counsel
C) to submit their dispute to an arbitrator
D) to try to come to a resolution between themselves
Question
Canada offers an attractive commercial environment for entrepreneurs because it has an established set of laws comprised of rules and principles intended to guide conduct in business relationships and protect the property of persons and business.
Question
Olivia is suing a supplier for breach of contract.Assuming she is successful,what remedy might she expect to receive from the court?

A) restitution
B) punitive damages based on the seriousness of the contract breach
C) aggravated damages
D) a sum of money that will put her in the position that she would have been had the contract been fulfilled
Question
Which statement best explains how business law guides business conduct?

A) The law sets rules and penalties to encourage compliance.
B) The law sets specific codes of ethics to guide conduct.
C) The law seeks levels of compensation exceeding losses.
D) The law limits executive compensation to guide conduct.
Question
What consequences might a business face by skirting ethical norms?

A) bad publicity and condemnation
B) Criminal Code conviction
C) conflict of interest
D) breach of contract
Question
In what way is mediation different from arbitration and litigation?

A) Mediation is free and does not require the assistance of a lawyer.
B) Mediation is time-consuming and tends to be ineffective.
C) Mediation results in an informal,non-binding decision.
D) Mediation involves the use of a neutral party to assist with resolution of the dispute.
Question
Businesses that have been unable to resolve complex contractual disputes may have to turn to litigation as the last resort to,among other things,establish the liability of one business to another.
Question
Why might a business involved in a legal dispute prefer to reach a private settlement instead of litigating the matter in court?
Question
Ethics may demand that a business do more than comply with the law.
Question
What are some examples of typical business transactions and events with significant legal implications?
Question
Lawsuits come to court for either of two reasons: there is a dispute about the facts that actually occurred or there is a dispute about the way the law treats the parties.Describe the role and obligations of the judge,including what details must be considered and what must be proven to the court to allow it to reach a decision resolving the dispute.
Question
Briefly describe the main reasons that some business disputes must be resolved in court.
Question
One of the most important functions of law in the business environment is to facilitate planning.
Question
Briefly describe how the law of contract facilitates commercial activity.
Question
It is a rule of law that a party who suffers a breach of contract is entitled to be put in the position it would have been in had the contract been fulfilled.
Question
Liability between parties engaged in a contractual business relationship refers specifically to the legal responsibility of one party to the other for any event or loss that may occur due to breach of the contract.
Question
Briefly describe the steps that parties must go through to achieve the consensus reflected in a contract.What role does a lawyer play in this process?
Question
It is a rule of law that a party who suffers a breach of contract is entitled to be put in the position that he or she would have been in had the contract been fulfilled.
Question
In the litigation process,the party initiating a claim for breach of contract is obligated to prove its case,and the judge is obligated to be as objective as possible in determining whether the case of breach has been proven.
Question
Briefly describe the main reasons one party to a contract might decide to overlook a breach of contract by the other party.
Question
A legal risk management plan involves a business strategy that may require legal supervision to reduce the probability and severity of loss.
Question
A supplier who commits to a contract is free of any legal obligations for direct and foreseeable financial consequences that the other party to the contract may experience should the supplier breach the contract.
Question
Parties that agree to submit disputes to a neutral party who will ultimately make a binding decision to resolve the dispute are agreeing to participate in the arbitration process.
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Deck 1: Knowledge of Law As a Business Asset
1
The government recently enacted rules governing the use of drones that will limit how they are used by businesses and individuals.What purpose is the law fulfilling in this situation?

A) facilitating planning by ensuring compliance with commitments
B) protecting businesses by setting penalties and ensuring accountability
C) responding to emerging hazards in society and setting rules to protect the public interest
D) ensuring that losses are borne by those who are responsible for them
C
2
Which of the following best describes how law protects members of society?

A) setting rules with penalties and making those who break the law accountable
B) establishing ethical rules and minimizing risks before they materialize
C) constraining business activity and regulating commercial relationships
D) minimizing unknown contingencies to avoid irreconcilable disputes between businesses
A
3
A small group of entrepreneurs undertaking a business venture have agreed on the roles each will assume in the business,but they must now determine the form of business structure for the enterprise.What does the law facilitate by offering entrepreneurs different business structure options?

A) choice of degree of exposure to liability for business risks
B) rules that make written agreements between parties binding
C) opportunities to maximize the protections that the law extends
D) legal certainty for activities conducted in the commercial arena
A
4
Jim has retained a lawyer to file a lawsuit claiming economic loss due to theft of business revenues by his partner.What form of dispute resolution has Jim undertaken?

A) arbitration
B) mediation
C) litigation
D) reconciliation
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
5
Joy is a sales representative with EduPlan Ltd.,a business selling education savings plans.She received a hospital record setting out the names and contact information of women who recently gave birth at a local hospital.She received the record from her friend who is a nurse in the maternity ward,who photocopied it without permission.Joy intends to contact these potential leads about purchasing an annuity from her business.How does the law impact the disclosure of this record to Joy?

A) by requiring businesses and organizations to protect the privacy of personal information by imposing and collecting fines when they breach this obligation
B) by ensuring that Joy is required to compensate her friend for her assistance in providing the record
C) by punishing Joy for using the record for a purpose that was not contemplated when the record was created
D) by requiring Joy to obtain the hospital's consent before using the record
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
6
Groot Industries Inc.requires more space in order to expand its business.Which of the following is a legal decision that Groot Industries Inc.must now undertake?

A) who should be hired to construct a new building
B) whether its new premises will be regulated by health and fire regulations
C) whether to buy,build,or lease additional premises
D) whether to obtain insurance for its new premises
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
7
Organic Veggies'4'U Inc.has entered into a one-year,extendable supplier contract with EcoWise Fertilizers Ltd.for the delivery of 1.5-ton pallets of worm castings fertilizer at a price of $2,000 per ton in March and June.What type of role do contract law and its contributions to the establishment of this business relationship have?

A) a facilitating role,providing definition,context,and certainty
B) an ethical role,facilitating better environmental practices
C) a litigation role,defining clear areas of liability for breach
D) a governing role,providing a comprehensive action plan
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
8
Novel Swings Inc.has a contract to begin construction of a school's swing set on June 15th,and work is to be completed by August 1st.After weeks of wet weather,the ground was unsuitable for work to begin in June and Novel will not meet the completion deadline.Which statement best describes the legal status of the contractual relationship between Novel Swings and the school?

A) The contract is void due to wet weather.
B) The contract requires renegotiation.
C) The contract is in good standing.
D) The contract has been breached.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
9
Which of the following best describes the nature of the arbitration process?

A) negotiated resolution with the assistance of a neutral person
B) neutral party makes a decision (usually binding)that resolves a dispute
C) submission to judge for decision-making
D) renegotiation of the contract with the assistance of a judge
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
10
Champion Well Drilling Inc.is being sued for rupturing a gas line while drilling a well on a customer's property.How might Champion best avoid similar risks in the future?

A) by developing and implementing a legal risk management plan
B) by limiting itself to zero-risk projects
C) by ensuring it has sufficient resources set aside to pay out future judgments
D) by hiring a mediator to assist in resolving future legal disputes
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
11
What are the commonly used alternative dispute resolution methods for avoiding litigation?

A) intervention,negotiation,and reconciliation
B) intervention,arbitration,and mediation
C) negotiation,mediation,and adjudication
D) direct negotiation,mediation,and arbitration
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
12
After numerous requests for payment for the services it provided to a client,Cando Enterprises Inc.found it necessary to sue in order to recover the amount it was owed.What type of law did Cando Enterprises Inc.resort to?

A) employment
B) business
C) criminal
D) contract
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
13
What is the purpose of contract law?

A) to ensure litigation of parties committing contractual breach
B) to prescribe principles and values for use in society
C) to determine right and wrong in the business world
D) to enforce expectations and facilitate planning
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
14
Kamal is a computer technician who is about to enter into a one-year contract to provide IT services to a real estate agency.From Kamal's perspective,what is the most important function of this contract?

A) to establish penalties for non-compliance
B) to deal fairly with unexpected events
C) to resolve conflicts
D) to plan for the future and enforce expectations
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
15
What is one of the most significant contributions the law can make in the commercial arena?

A) establishing penalties for breaching promises
B) defining the moral principles and values of the relationship
C) creating certainty in business relationships
D) setting standards for service in business relationships
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
16
Which of the following is NOT an objective of business law?

A) protection of business ideas and tangible property
B) ensuring losses are borne by those who cause them
C) imposition of fines on those who breach contracts
D) facilitating planning by ensuring compliance with commitments
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
17
Which law regulates privacy standards in most Canadian provinces?

A) the Consumer Protection Act
B) the Personal Information Protection and Electronic Documents Act
C) the Criminal Code of Canada
D) the Privacy and Marketing Act
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
18
What is the role of business ethics?

A) to provide a comprehensive plan for dealing with legal risk
B) to establish principles and values for determining right and wrong in the business world
C) to resolve disputes between conflicting parties
D) to impose legal responsibility for an event or loss that has occurred
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
19
What might be the legal consequence if a business were to choose a name for its new product that is very similar to the name already used by a competitor for its competing product?

A) mandatory arbitration
B) a lawsuit for defamation
C) a lawsuit for passing off
D) prosecution under the Criminal Code
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
20
Which of the following best defines business law?

A) legal responsibility for the occurrence of an event causing loss
B) rules governing commercial relationships and the enforcement of rights
C) rules governing procedures involved when one person sues another
D) rules providing members of a society with established rights
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
21
Alpha Textile Ltd.has developed a line of clothing and is considering using the brand name Kalvin Clein in order to take advantage of the familiarity of its target market with a well-known designer named Calvin Klein.What legal consequences might Alpha Textile Ltd.face if it proceeds with its plan?

A) being sued for negligence by its customers
B) criminal proceedings for breach of trademark legislation
C) being sued for damages by Calvin Klein
D) no legal consequences because it is not actually using the name Calvin Klein
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
22
One of the goals of Canadian law is to ensure that losses are paid for by the parties responsible for creating them.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
23
What are the standard forms of business structure available to entrepreneurs to facilitate creation of a for-profit business enterprise?

A) sole owner,proprietor,and partnership
B) sole proprietor,partnership,and corporation
C) sole partnership,proprietor,and corporation
D) sole owner,proprietor,and corporation
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
24
Which statement best exemplifies a protective element of Canadian law?

A) It seeks to make those who break the law accountable.
B) It sets rules in order to encourage complexity.
C) It sets rules in order to encourage complacence.
D) It provides rules that prohibit making commitments.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
25
In every type of business dispute resolution,Canadian law requires that a judge must decide the amount of the loss to prevent hard feelings between the parties and allow the business relationship to be maintained.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
26
What type of law is the vehicle for ensuring that those affected by a failed business are treated fairly,reasonably,and in accordance with agreed rules?

A) bankruptcy
B) contract
C) criminal
D) corporate
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
27
The law is primarily about rules that constrain commerce.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
28
Canadian business law consists of a set of established bilingual rules governing commercial relationships that exclude enforcement of rights.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
29
How does the law impact the marketing activities of a business?

A) It requires businesses to customize marketing to the recipient.
B) It imposes limitations on how far a business may go in extolling the virtues of its product.
C) It does not regulate marketing activities.
D) It requires that marketing activities treat all individuals equally.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
30
Litigation is usually the most cost-effective method for resolving legal disputes.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
31
Mediation and arbitration are mechanisms offered by the legal system for avoiding litigation.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
32
A contract provides the legal backdrop to commercial relationships by defining the rights and obligations of the parties,but it is the business relationship itself that will determine whether,in a conflict,the parties will insist upon strict enforcement of their legal rights.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
33
A business that neglects to protect its intellectual property may have its ideas taken with impunity by a competitor.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
34
Litigation is an expensive and lengthy process that involves one business entity attempting to find a resolution for a conflict caused by the other party to the contract by actively engaging in negotiations aided by a neutral party.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
35
What is usually the first logical step for parties involved in a legal dispute?

A) to submit their dispute to a mediator
B) to engage legal counsel
C) to submit their dispute to an arbitrator
D) to try to come to a resolution between themselves
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
36
Canada offers an attractive commercial environment for entrepreneurs because it has an established set of laws comprised of rules and principles intended to guide conduct in business relationships and protect the property of persons and business.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
37
Olivia is suing a supplier for breach of contract.Assuming she is successful,what remedy might she expect to receive from the court?

A) restitution
B) punitive damages based on the seriousness of the contract breach
C) aggravated damages
D) a sum of money that will put her in the position that she would have been had the contract been fulfilled
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
38
Which statement best explains how business law guides business conduct?

A) The law sets rules and penalties to encourage compliance.
B) The law sets specific codes of ethics to guide conduct.
C) The law seeks levels of compensation exceeding losses.
D) The law limits executive compensation to guide conduct.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
39
What consequences might a business face by skirting ethical norms?

A) bad publicity and condemnation
B) Criminal Code conviction
C) conflict of interest
D) breach of contract
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
40
In what way is mediation different from arbitration and litigation?

A) Mediation is free and does not require the assistance of a lawyer.
B) Mediation is time-consuming and tends to be ineffective.
C) Mediation results in an informal,non-binding decision.
D) Mediation involves the use of a neutral party to assist with resolution of the dispute.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
41
Businesses that have been unable to resolve complex contractual disputes may have to turn to litigation as the last resort to,among other things,establish the liability of one business to another.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
42
Why might a business involved in a legal dispute prefer to reach a private settlement instead of litigating the matter in court?
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
43
Ethics may demand that a business do more than comply with the law.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
44
What are some examples of typical business transactions and events with significant legal implications?
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
45
Lawsuits come to court for either of two reasons: there is a dispute about the facts that actually occurred or there is a dispute about the way the law treats the parties.Describe the role and obligations of the judge,including what details must be considered and what must be proven to the court to allow it to reach a decision resolving the dispute.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
46
Briefly describe the main reasons that some business disputes must be resolved in court.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
47
One of the most important functions of law in the business environment is to facilitate planning.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
48
Briefly describe how the law of contract facilitates commercial activity.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
49
It is a rule of law that a party who suffers a breach of contract is entitled to be put in the position it would have been in had the contract been fulfilled.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
50
Liability between parties engaged in a contractual business relationship refers specifically to the legal responsibility of one party to the other for any event or loss that may occur due to breach of the contract.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
51
Briefly describe the steps that parties must go through to achieve the consensus reflected in a contract.What role does a lawyer play in this process?
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
k this deck
52
It is a rule of law that a party who suffers a breach of contract is entitled to be put in the position that he or she would have been in had the contract been fulfilled.
Unlock Deck
Unlock for access to all 57 flashcards in this deck.
Unlock Deck
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53
In the litigation process,the party initiating a claim for breach of contract is obligated to prove its case,and the judge is obligated to be as objective as possible in determining whether the case of breach has been proven.
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54
Briefly describe the main reasons one party to a contract might decide to overlook a breach of contract by the other party.
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55
A legal risk management plan involves a business strategy that may require legal supervision to reduce the probability and severity of loss.
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56
A supplier who commits to a contract is free of any legal obligations for direct and foreseeable financial consequences that the other party to the contract may experience should the supplier breach the contract.
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57
Parties that agree to submit disputes to a neutral party who will ultimately make a binding decision to resolve the dispute are agreeing to participate in the arbitration process.
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