Health and Safety Concerns in the Workplace and Business Law Questions

Identifying and Preventing Risks in Construction

v>

You work as an assistant to the HR manager of a construction firm, who has asked you toprepare a short report highlighting some of the concerns regarding health and safety in theworkplace. You need to address the following issues

a. You have been asked to identify two potential risks or hazards that could result in anaccident occurring on construction sites. ( 2 marks)

b. Explain two preventative measures that could be taken to try to avoid or at least reducethe two potential accidents (you identified in question 1 a) from occurring.

c. An accident does occur on the construction site and injuries occur. There are two partiesinjured, an employee and a third party i.e. a visitor who was allowed near the site. Bothparties want to claim damages. Explain the different procedures for the employee whois injured as a result of the failure on the part of the employer, as opposed to the 3rdparty i.e. the visitor being injured.

d. Give one reason why it is in the employers financial interests to keep accidents to hisworkers, to a minimum.( 1 mark)

e. Find the Ontario Occupational Health and Safety Act, RSO 1990, c O.1 and explain undersection 25(1) (d) the duty of an employer and under section 28 (2) (c) the duty of aworker.  Do not cut and paste your answer.

f. The firm you work for has different categories of workers i.e. ,employees, dependentand independent contractors ,you have heard it said that the workplace health andsafety standards apply only to employees, comment on the accuracy of this .

Total 10 marks

Question 2

a. Jessie is a salesman for a car dealership. He had been told specifically that he had noauthority to make any sale, take a trade-in, or otherwise deal with the vehicles without themanager's express approval of every deal. One day Jessie was approached by Razio acustomer, who wanted to buy a used BMV and agreed to pay the $40,000 asking price.Unfortunately, the manager was not there at the time so Jessie decided to write up theagreement. When the manager returned, he liked the deal and realized that the customermight change his mind when he realized that the salesman, Jessie didn't have the authority tobind the seller in contract. Under these circumstances, explain the action the manager couldtake, naming and explaining the legal principal involved and the effect. (3 marks)6

b. Bob is in the process of assembling land for a construction firm, called XYZ Ltd, to build acondominium. He entered into a contract with the seller, Mario. Bob did not disclose that hewas acting for someone else when he entered into the contract. What is this an example ofand if there is a breach of contract, explain Mario’s rights when he learns that Bob was actingfor a construction firm XYZ Ltd.

c. An agent owes a fiduciary duty to act in the best interests of the principal and the thirdparty. Comment on the accuracy of this statement and give two examples of what is meant byan agent’s fiduciary duty.

Question 3.

After leaving college you and 2 of your friends decided to go into partnership and form ageneral partnership. You have carried out some research but you are still uncertain as to a few

matters. Answer the following questions giving a clear explanation.

a. If there is no partnership agreement, and there are three equal partners, explain if you asone of the three partners ,will only be held liable for one third of the debts of thepartnership but no more than one third.

b. You understand that there are certain provisions under the Partnership Act that can bemodified if you have a partnership agreement. Explain if you and your other partnersdecide to write a partnership agreement, if the provision concerning the sharing of theliability can be modified and how would this affect the claims of 3rd parties? You have inherited some money from your uncle. You are deciding how to invest that moneyand are considering buying shares in a corporation. There are so many corporations to choosefrom .You have heard that a corporation must issue a prospectus but are unsure as to whatthis means.

a. Explain the purpose of a prospectus and generally what information should it disclose