Business Law [LW1] Examination Blueprint 2014-2015 Purpose The Business Law [LW1] examination has been constructed using an examination blueprint. The blueprint, also referred to as the test specifications, outlines the content areas covered on the examination and the weighting allotted to each content area. This document also lists the topics, the level of competence for each topic, and the related learning objectives. In addition, information is provided on the proportion of each question type presented in the examination (that is, multiple choice, quantitative problems, and so on). Use Students should use the examination blueprint to prepare for the course examination. The blueprint may not include all the topics listed in the course materials; however, students are still responsible for acquiring a broad-based knowledge of all topics not listed in the blueprint since these topics will be tested in assignment and review questions. The topics not listed in the blueprint will also provide students with a greater depth of understanding of law and its importance in accounting transactions. Examination Objectives The objective of this 3-hour, comprehensive examination is to test CGA students to ensure that students have the broad-based knowledge of law needed to function properly in upper-level education and certification courses. Examination Guidelines for Questions i) Question Type The following are guidelines on the type of questions and their approximate weightings: Question Item Multiple-choice questions ii) Percentage Weighting 100% Question Content The following table is organized according to content area and provides information on topics, learning objectives, weighting, and levels of competence. Examination sessions: December 2014; June 2015; September 2015 Page 1 of 11 Business Law [LW1] Examination Blueprint Content Area Topics Learning Objectives 1. The Canadian legal system Weighting (%) 5% to 9% Levels of Competence 1.1 Nature of law Explain how morality can have an impact on law. Level 2 1.2 Categories of law Describe the main categories of law. Level 2 1.3 Origins of law Distinguish between a civil law system and a common law system. Level 2 1.4 Sources of law Describe the sources of law. Level 2 1.5 The law in Canada Describe the constitution of Canada and its purpose. Level 2 1.6 Human rights law Describe Canadian human rights legislation and identify its weaknesses. Level 2 1.7 The Canadian Charter of Rights and Freedoms Describe the Canadian Charter of Rights and Freedoms. Level 2 1.8 The system of courts Describe the court system in Canada, for both civil and criminal cases. Level 2 1.9 Using the courts Explain how a case is brought before the courts, and describe the court process. Level 2 1.10 Legal costs Explain how legal fees are arranged, and describe who must pay them. Level 2 1.11 Alternatives to court action Describe the three main methods of alternative dispute resolution (ADR). Level 2 Describe the advantages and disadvantages of ADR. 1.12 Advantages and disadvantages of ADR Examination sessions: December 2014; June 2015; September 2015 Level 2 Page 2 of 11 Content Area Topics Learning Objectives 2. Tort law and professional liability Weighting (%) 12% to 16% Levels of Competence 2.1 Tort law Describe tort law and compare it to criminal law. Level 2 2.2 The basis for liability in tort Describe the basis for liability in tort. Level 2 2.3 Intentional torts to a person or property Describe intentional torts, including the required elements, various defences, and remedies. Level 2 2.4 Intentional torts unique to business Describe various torts unique to business. Level 2 2.5 Law of negligence Describe the tort of negligence, including the criteria required to prove a claim in negligence, and explain the concepts of duty of care, breach of the duty, causation, and remoteness. Level 1 2.6 Award of damages for negligence Describe the factors affecting an award of damages for negligence. Level 1 2.7 Professional liability Describe the legal duties a professional has that, if breached, could result in liability. Level 2 2.8 Professional liability for negligence Distinguish between general negligence and professional negligence. Level 1 2.9 Professional organizations Describe the objectives and rights of professional organizations. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 3 of 11 Content Area Topics Learning Objectives 3. Formation of the contractual relationship — 1 Weighting (%) 6% to 10% Levels of Competence 3.1 What is a contract? Describe the concept of freedom of contract, and list the requirements for a valid contract. Level 2 3.2 Various types of contracts Describe the various types of contracts. Level 1 3.3 Offer Describe the requirements for a valid offer, and explain the difference between an offer and an invitation to do business. Level 1 3.4 Termination of an offer Explain how an offer can end, and how an offer can be kept open for a specified length of time. Level 1 3.5 Acceptance Describe the requirements for a valid acceptance. Level 1 3.6 Communication of acceptance and the postbox rule Describe when acceptance of a contract occurs, and explain the importance of where acceptance occurs. Level 1 3.7 Consideration Define the term consideration, and describe the adequacy of consideration. Level 1 3.8 Invalid forms of consideration Describe the main forms of invalid consideration. Levels 1, 2, and 3 3.9 The use of a seal Describe the relevance of a seal in forming a valid contract. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 4 of 11 Content Area Topics Learning Objectives 4. Formation of the contractual relationship — 2 Weighting (%) 4% to 8% Levels of Competence 4.1 Capacity to contract — Minors and infants Describe the rights and obligations of a minor under a contract. Level 1 4.2 Capacity to contract — Insanity and drunkenness Outline the law relating to contracts with those who are temporarily or permanently incapacitated. Level 1 4.3 Legality of object Describe the requirement of legality, including the consequences of a contract having an illegal object. Level 1 4.4 Types of illegal contracts Describe the three main types of illegal contracts that affect business organizations. Level 1 4.5 Intention to create legal relations Describe the presumption of intention, and explain how this can be rebutted. Level 1 4.6 The requirement of writing or form Describe the three main types of contracts that must be in writing, and explain how this requirement can be fulfilled. Level 1 Examination sessions: December 2014; June 2015; September 2015 Page 5 of 11 Content Area Topics Learning Objectives 5. Interpreting the contract and terminating the contractual relationship Weighting (%) 12% to 17% Levels of Competence 5.1 Mistake Distinguish between the meaning of the term mistake in its legal context and its ordinary meaning. Level 2 5.2 Contractual terms Distinguish between express and implied terms, and explain how a court decides on the meaning of a term used in a contract. Level 2 5.3 Misrepresentation, duress, undue influence, and unconscionable transactions Describe the different types of misrepresentation and the remedies available, and define duress, undue influence, and unconscionable transactions. Level 2 5.4 Privity of contract Define the doctrine of privity of contract, and describe the major exceptions to the privity of contract rule. Level 2 5.5 Assignment of contractual rights Describe the assignment of contractual rights. Level 2 5.6 Discharge by performance Describe discharge by performance, and define the doctrine of substantial performance. Level 1 5.7 Discharge by agreement Explain how a contract may be discharged by agreement, including the need for consensus and consideration. Level 1 5.8 Discharge by frustration and operation of law Define the term frustration and explain how a contract may be discharged by frustration and by operation of law. Level 1 5.9 Discharge by breach Describe breach of contract, including the implications of conditions and warranties and the effect of exemption clauses. Level 1 5.10 Remedies for breach Describe the remedies for breach of contract. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 6 of 11 Content Area Topics Learning Objectives 6. Special contracts: Sales and consumer protection Weighting (%) 4% to 8% Levels of Competence 6.1 Contracts of sale — Introduction Describe the criteria required for the Sale of Goods Act to apply. Level 1 6.2 Contracts of sale — Title and risk Describe when title and risk pass, and list the four main types of delivery contracts. Level 1 6.3 Risk and title under the Sale of Goods Act Describe the five rules for transfer of risk and title under the Sale of Goods Act. Level 1 6.4 Contracts of sale — Implied conditions and warranties Define the terms conditions and warranties, and describe their effect on a contract of sale. Level 1 6.5 Exemption clauses Describe when exemption clauses may be used to exclude the Sale of Goods Act. Level 1 6.6 Remedies for contracts of sale Describe the main remedies available to a seller and buyer in the event of a default. Level 2 6.7 Consumer protection legislation List some of the practices controlled by federal and provincial consumer protection legislation. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 7 of 11 Content Area Topics Learning Objectives 7. Special contracts: Insurance, employment, and leases Weighting (%) 9% to 13% Levels of Competence 7.1 The nature and types of contracts of insurance Describe an insurance contract, and distinguish it from a wagering contract. Level 2 7.2 The nature of an insurable interest Describe an insurable interest. Level 1 7.3 Requirement of utmost good faith Describe utmost good faith, and explain how it affects insurance coverage. Level 1 7.4 Subrogation Describe subrogation, and explain when it can occur. Level 1 7.5 The employment relationship Describe the tests used to determine whether an individual is an employee. Level 1 7.6 Three types of employment relationships Describe the three types of employment relationships. Level 2 7.7 Contracts of employment — Termination and discharge Explain how an employee relationship can be terminated, including any remedies available. Level 1 7.8 Employee welfare legislation Describe the employment issues covered by federal and provincial legislation. Level 2 7.9 Collective bargaining Describe the requirements for a union contract to exist, the various types of disputes, and the methods used for resolving them. Level 2 Describe leasing, and distinguish between the different types of leases. Level 2 Describe the common terms used in leases and the rights of the parties involved in lease agreements. Level 2 7.10 Types of leases 7.11 Terms and rights in leasing Examination sessions: December 2014; June 2015; September 2015 Page 8 of 11 Content Area Topics Learning Objectives 8. Debtor and creditor relations Weighting (%) 7% to 11% Levels of Competence 8.1 Secured transactions — Traditional approach Describe the three main types of traditional security interests. Level 1 8.2 Secured transactions — The Personal Property Security Act Explain the purpose of the PPSA legislation, and describe the requirements for gaining priority to goods subject to a security interest. Level 1 8.3 Guarantees Describe the purpose of a guarantee and explain the obligations of a guarantor. Level 2 8.4 The Bank Act Explain the purpose of the Bank Act. Level 2 8.5 Bankruptcy and insolvency Describe the different procedures available under the Bankruptcy and Insolvency Act. Level 2 8.6 Administration and settlement of a bankrupt’s affairs Describe the powers of a trustee, and list the order in which claims must be paid. Level 2 8.7 Negotiable instruments Describe negotiable instruments, including the concept of a holder in due course. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 9 of 11 Content Area Topics Learning Objectives 9. Business organizations: Agency and partnership Weighting (%) 10% to 16% Levels of Competence 9.1 The agency relationship Describe an agency relationship, and explain how it relates to the rule of privity of contract. Level 1 9.2 Creation and termination of an agency relationship Explain how an agency relationship can be created, and describe any concerns upon termination of an agency relationship. Level 1 9.3 Duties of principal and agent in an agency relationship Describe the duties owed by an agent and a principal in an agency relationship. Level 1 9.4 Third-party rights under an agency contract Describe the rights of a third party in an agency relationship. Level 1 9.5 Sole proprietorship List the main advantages and disadvantages of doing business as a sole proprietorship. Level 1 9.6 The nature of partnership Describe the concept of partnership, and explain how partnerships can be formed. Level 1 9.7 Liability of partners Describe the liability of partners for partnership debts and for partners’ personal debts and activities. Level 1 9.8 Relations between partners Describe the effect of a partnership agreement on third parties, and outline the rights and obligations of the partners. Level 1 9.9 Limited partnerships and limited liability partnerships Distinguish between a limited partnership and a limited liability partnership. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 10 of 11 Content Area Topics Learning Objectives 10. Business organizations: Corporations Weighting (%) 10% to 14% Levels of Competence 10.1 Nature of a corporation Describe the nature of a corporation, including when the courts will lift the corporate veil. Level 1 10.2 Methods of incorporation Describe the main methods of incorporation, and explain the purpose of a corporation’s by-laws. Level 2 10.3 Types of corporations Distinguish between federal and provincial incorporation, and widely and closely held corporations. Level 1 10.4 Corporate shares and bonds Describe the contractual liabilities of a corporation, including the principal ways in which a corporation can raise funds. Level 2 10.5 Contractual capacity of a corporation Describe the contractual capacities of a corporation, including the indoor management rule and preincorporation contracts. Level 2 10.6 Corporate governance, directors, and officers Describe corporate governance and discuss the liability of directors and officers. Level 1 10.7 Shareholders — Rights Describe the rights of shareholders. Level 1 10.8 Shareholders — Protection Describe the remedies available to shareholders. Level 1 10.9 Shareholder agreements Describe the benefits of shareholder agreements. Level 2 Examination sessions: December 2014; June 2015; September 2015 Page 11 of 11