Shared Flashcard Set

Details

Bus120
Chapter 10b
13
Law
Undergraduate 1
11/05/2007

Additional Law Flashcards

 


 

Cards

Term
Acceleration clause
Definition

In contract law, a term in a contract that stipulates that upon default of any one payment owing on a loan, the creditor can demand full payment of the balance due and owing from the debtor.  

 

It is customary for all mortgages to contain an __________ that stipulates that upon default of any one mortgage payment, the whole principal and interest on the mortgage will become due and owing.

Term
Bait-and-switch selling
Definition

A practice prohibited under the Competition Act wherein a seller advertises something at a bargain price but does not have a reasonable supply of it, with the intention of inducing buyers on the premises to purchase other merchandise at regular prices.

 

The furniture shop was convicted of __________ when it advertised it was selling bookshelves at $29.99 each when it only had six of them to sell.

Term
Bid rigging
Definition

A practice prohibited under the Competition Act whereby parties agree not to submit a bid response to a call for bids so as to allow a competitor to make a high bid.  Usually the idea is the favour will be reciprocated or the party refraining from bidding will share some of the profits arising from the accepted bid.

 

The seven electrical contractors were convicted of __________ when they raised the price of the bids for constructing the airport and hotel from just four of them.

Term
Buyer’s lien
Definition

A lien created under the Sale of Goods Act whereby a buyer, has paid all or some of the purchase price for unascertained or future goods from a supplier of materials. If these goods are seized by a third party before they are delivered to the buyer, the buyer will be entitled to enjoying the status of a secured creditor as against those goods and even has priority over other security interests.

 

Because the contractor had a __________ against the hardware it purchased for $4,997.86, it had priority over other creditors when the the hardware’s inventory was seized by the trustee in bankruptcy.

Term
Unconscionable act or practice
Definition

Under s. 8 of the Business Practices and Consumer Protection Act any number of acts or practices that may be engaged in by retailers in a consumer transaction and include such things as subjecting the consumer to undue pressure to charging an exorbitantly high price.

 

The complainant alleges that McLeod’s Furniture Mart committed an _______________ when it sold her a whole set of furniture when it knew she was illiterate and did not fully understand the language when she was dealing with the salespersons.

Term
Pyramid selling
Definition

A practice or scheme prohibited both under the Competition Act and the provincial Multilevel Marketing Regulation Act in which participants are entitled to receive a larger sum than what they paid for a product, based upon purchases of the same product by others coming after them; the more subsequent purchasers of the product, the higher the profits of those at the top of the scheme.

 

Some Victoria businesswomen were prosecuted for __________ when it was found they each bought a square on the bottom of a four-level, 15-person scheme for $5,000, then they waited for four more persons to be recruited to push them to the top of the scheme to receive $40,000.

Term
Consumer transaction
Definition

In consumer protection legislation (eg. Business Practices and Consumer Protection Act, Sale of Goods Act), contracts that are made by persons who are purchasing goods or services that are primarily for personal, family, or household use from suppliers or retailers of such goods or services.  The freedom of the purchaser to have such contracts rescinded is sometimes greater than what normally obtains under common law principles.

 

The plaintiff was able to return the lawnmower to the department store two months after its purchase because, as their contract was a __________, the seller had an obligation not to make any misrepresentations about the product even after the contract had been made.

Term
Cooling off period
Definition

(1) Under provincial consumer protection law, a 7-day period in which the purchaser of goods in a direct sales contract has the right to repudiate the contract for any or no reason at all, providing she so informs the seller.

(2)  In labour law, that period of time in which the parties must refrain from resorting to job action, after mediation has failed, and which is mandated by government intervention in labour disputes deemed to affect "essential services" under the Labour Relations Code.

 

(1) As the __________ had long expired, the purchaser of the encyclopedias was unable to get out of her obligations to make monthly payments of $50 to the seller.

(2) The striking ferry workers were compelled to observe a __________ of 80 days after mediation efforts to end the dispute with B.C. Ferry Corporation failed to resolve the deadlock.

Term
Deceptive act/practice
Definition

Another term for various kinds of misrepresentations that may occur in what are defined as “consumer transactions” in the Business Practices and Consumer Protection Act.  These acts or practices are described in s. 4 of the act to include at least 18 specific kinds of false or misleading representations that could be made to a buyer.

 

By advising the purchaser that the car had only one previous owner, the seller had committed a __________ under s. 4(3)(a)(iii) of the Business Practices and Consumer Protection Act.

Term
Price fixing
Definition

A generic term referring to various practices prohibited under the Competition Act, including predatory pricing, regional price discrimination, double ticketing, (resale) price maintenance, and discriminatory pricing.

 

Five international drug giants were fined $88 million for __________ (specifically, _______________): they agreed to divide various global markets, including Canada, for specific vitamins.

Term
Predatory pricing
Definition

A practice prohibited under the Competition Act in which a party sells a product at an unusually low price temporarily with the major purpose of eliminating a competitor(s) supplying the same product in a certain area.

 

It was alleged that Standard Oil Co. resorted to __________ when it lowered its prices from those charged by smaller oil companies; then it increased its prices after those smaller competitors were wiped out.

Term
Monopoly
Definition

In competition law, any situation where only one business is retailing to consumers a product or service with no other competitors in the marketplace.  _____ are generally prohibited or strictly regulated under the Competition Act because they are deemed to operate to the financial detriment of consumers.

 

As all hydro electric power is supplied by B.C. Hydro in the province of B.C., the latter enjoys a monopoly; however, its provision of this service is regulated by provincial legislation.

Term
Merger
Definition

In competition law, any combining of two or more businesses in a market with few players that could result in the resulting larger business acquiring a monopoly or a near-monopoly in the providing of a certain product or service, to the financial detriment of consumers.

 

The Competition Bureau is concerned about allowing the _____ of the two major chartered banks in that it is feared this will result in less banking options for average Canadians.

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