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SCHEDULE II / ITEM 6 October 2003 BUSINESS: LAW, ADMINISTRATION AND ECONOMICS Note: This examination consists of 16 questions on 2 pages. Marks

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ASSOCIATION OF CANADA LANDS SURVEYORS - BOARD OF EXAMINERS WESTERN CANADIAN BOARD OF EXAMINERS FOR LAND SURVEYORS ATLANTIC PROVINCES BOARD OF EXAMINERS FOR LAND SURVEYORS ________________________________________________________________________

SCHEDULE II / ITEM 6 October 2003 BUSINESS: LAW, ADMINISTRATION AND ECONOMICS

Note: This examination consists of 16 questions on 2 pages. Marks

Q. No Time: 3 hours Value Earned

1 List the federal legislation regulating employer/employee relationship. 10

2

Define each of the following terms as they pertain to business law in Canada:

a) Performance bond b) Order in Council c) Bearer instrument d) Bankruptcy

e) Professional insurance f) Torrens system g) Alienation

h) Restrictive covenant i) Closed mortgage j) Riparian right

20

3 What are the elements required for the formation of a legal contract? 5

4 Name and describe three sources of law. 6

5 Name the courts under federal jurisdiction in Canada. 6

6 Differentiate public law and private law. 4

7 What are the duties of a principal to an agent? 4

8

In the Canadian parliamentary system, who is responsible for:

a) law making b) law administration c) law enforcement

6

9 Describe three common forms of business association. 6

10 What must be proven to establish that a tort has occurred? 3 11 In order to avoid liability in an action for professional negligence, a defendant

must demonstrate to the court that what standard of competence has been met? 5 12 Name the categories of people unable to enter into a legally binding contract. 4 13 Who has ownership of a surveyor’s field notes? Explain. 5

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14

The Board of Directors of a corporation has rights and responsibilities. List them and compare them to the rights and responsibilities of shareholders and bond holders.

6

15 When a contract is breached, what are the three categories of remedies available to the injured party and in what general circumstances does each remedy apply? 5 16 What steps should you take to ensure you are as prepared as possible for a court

case where your role will be that of an expert witness? 5 Total Marks: 100

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