Chapter 3

 Supreme Court of Canada - the highest court in Canada which is governed by the Supreme Court
Act
 Federal Court of Appeal - an appeal court hearing appeals from the lower federal courts (and
from federal regulatory bodies and administrative tribunals) (see Federal Courts Act)
 Federal Court - a trial court hearing disputes that fall within the federal sphere of power (e.g.
copyrights, patents, federal government lands, money or contracts, appeals from federal
regulatory bodies and administrative tribunals) (see Federal Courts Act)
 Tax Court of Canada - a trial court hearing disputes concerning federal tax matters (Tax Court of
Canada Act
 general rule - within 2 years of discovering the injury (discovery principle) or within 10 years
from the date when the claim arose (the “ultimate period rule”) whichever period expires first
 2 years of discovering - When is the injury discovered? When claimant knew or ought to have
known:- injury occurred (e.g. personal injury, property damage, economic loss); - injury the
result of the defendant’s conduct; and,- injury justifies a proceeding.
 10 years from the date when the claim arose - When did the claim arise? When a particular
conduct or act occurred, NOT when the injury or damage might have been discovered - May be
suspended if Defendant fraudulently conceals an injury from the Plaintiff

 Alberta’s court hierarchy - The Provincial Court of Alberta, the Court of Queen’s Bench
of Alberta, the Court of Appeal of Alberta and the Supreme Court of Canada  Supreme
Court of Canada - The highest ranked court in Canada’s judicial system
 Common law legal system - A legal system based on the principle of stare decisis
  private law - The law that governs the personal, social and business relationships that
individuals have with one another (hint: a category of law relevant to Canada’s legal
systems
 subordinate legislation - Legislation created by the executive, rather than the legislative, branch
of government (e.g. a regulation such as the Alberta Business Corporations Regulation)
 legislative branch - The branch of government responsible for creating statutes
 law – The body of rules that can be enforced by the courts or other government agencies (e.g.
“ABCs”.
 Legislation - The written rules that the Parliament of Canada and the legislative assemblies of
the provinces and the territories enact (i.e. pass)
 Constitution Act, 1982 - The Canadian Charter of Rights and Freedoms forms part of this
constitutional document
 public law - The law which determines how our country is governed (i.e. constitutional law) and
the law that affects an individual’s relationship with government (e.g. criminal law) (hint: a
category of law relevant to Canada’s legal systems)
 executive branch - The branch of government responsible for administering and carrying out the
purposes of legislation, e.g. through subordinate legislation
 parliamentary supremacy - The principle which holds that the Parliament of Canada, and the
legislative assemblies of the provinces and the territories, are the primary law-making bodies in
Canada and that the statutes they create take priority over judge-made law (i.e. the common
law and the law of equity)
 . judicial branch - The branch of government responsible for interpreting and applying
legislation, subordinate legislation, the common law and the law of equity and for creating new
judgemade law
 stare decisis - A Latin phrase which means “to follow precedent”. Lower courts in common law
legal systems must follow the decisions (i.e. precedents) that higher courts have made (if in
same court hierarchy and facts similar)
 civil law legal system - A legal system based on a central code (i.e. a civil code) which contains a
list of broad principles of law that judges are required to interpret and apply to the cases that
come before them
 ultra vires - This is what a court will declare a piece of legislation to be if it goes beyond the
powers given to the government which passed it
 Constitution Act, 1867 - The division of law making powers between federal and provincial
governments can be found in this constitutional document
 notwithstanding clause - Certain rights and freedoms guaranteed under the Canadian Charter of
Rights and Freedoms may be overridden by the government through the use of this clause
 Canadian Charter of Rights and Freedoms - The document, which forms part of Canada’s
constitution, that offers protection to certain rights and freedoms as against government
intrusion or interference
 Justin Trudeau - Canada’s Prime Minister – a member of the executive branch of government
federally
 Jason Kenney - Alberta’s Premier – a member of the executive branch of government
provincially
 CanLII - A legal link where one can find access, among other things, to government made and
judge made law, both at the federal and provincial level.

Chapter 6

 SPIN selling: Methodology that lays out a basic sequence of four questions for customer
interactions: Situational questions, Problem questions, Implication questions, and Need-payoff
questions.
 Situational questions: In SPIN selling, questions designed to help the salesperson better
understand the situation the customer is currently facing.
 Problem questions: In SPIN selling, questions designed to help the customer and salesperson
identify issues, sometimes latent, that need to be addressed.
 Implication questions: In SPIN selling, questions designed to help the customer and salesperson
better understand the consequences arising from the problems uncovered in situational and
problem questioning.
 Need-payoff questions: In SPIN selling, questions designed to help the customer and
salesperson better understand the benefits available to the firm if the customer’s problem no
longer existed.
 Implied needs: Needs known to the customer but not important enough to merit action.
 Explicit needs: Needs that require immediate attention.
 Open-ended questions: Questions designed to ensure that customers respond with a great deal
of information and detail.
 Closed questions: Questions that are specific in nature and so require short and direct
responses—often just a yes or no.
 Active listening: Listening that occurs when the salesperson is fully engaged with the customer,
paying careful attention to all verbal and nonverbal cues and providing appropriate responses
 Passive listening: One-way communication in which the salesperson receives the information
without providing feedback.
 Follow-up questions: Questions asked in direct response to something the customer said.
 Summary questions: Questions designed to review and verify information previously provided
by the customer.
 Adaptors: Problem-solvers who prefer more-structured problem-solving methods and are most
comfortable when everyone is in agreement about the process and the solution.
 Innovators: Problem-solvers who are at ease with a less-structured problem-solving approach
and who tend to look beyond the status quo for solutions.
 Gaining commitment: The portion of the sales call in which the customer commits to the sale.
 Primary objective: What the salesperson most wants to accomplish in the sales call.
 Secondary objective: The objective to which the salesperson is willing to revert if agreement
cannot be reached on the primary objective.
 Buying signals: Cues sent by the customer indicating a shift in thinking from if we should do this
to how we should do this.
 Summary-benefit approach: Approach to gaining commitment in which the salesperson focuses
on the benefits being provided to the customer, rather than the features of the product or
service itself.
 Trial-close question : Question designed to assess whether the customer has comments or
concerns about the salesperson’s summary.
 Alternative-choice technique: Commitment-gaining technique in which the salesperson
provides two legitimate options for the customer to choose between, along with guidance about
which is more appropriate.
 Balance-sheet technique: Commitment-gaining technique in which the salesperson lists the
positives as well as the negatives associated with commitment.
 Direct-request technique: Commitment-gaining technique in which the salesperson simply asks
for the commitment.
 Success-story technique: Commitment-gaining technique in which the salesperson tells the
story of another customer who agreed to something similar and has benefited from the
decision.
 Objection: A customer concern, prior to and/or during the sales call.
 LAER model®: Model for handling customer objections, involving four steps: Listen,
Acknowledge, Explore, and Respond.
 Acknowledge technique: Technique for overcoming an objection in which the
 salesperson admits that the objection is valid.
 Boomerang technique : Technique for overcoming an objection in which the salesperson
transitions the objection from a negative to a positive by discussing how the perceived negative
should actually benefit the customer.
 Compensation technique : Technique for overcoming an objection in which the salesperson
admits the objection is valid but also discusses other benefits that offset the objection.
 Forestall technique: Technique for overcoming an objection in which the salesperson brings up
an objection he or she knows will arise, instead of waiting for the customer to do so.
 Indirect denial technique: Technique for overcoming an objection in which the salesperson
acknowledges understanding why the customer would have the concern but states that the
objection is not valid.
 Direct denial technique: Technique for overcoming an objection in which the salesperson states
that the objection is not valid.
 Postpone (coming-to-that) technique: Technique for overcoming an objection in which the
salesperson acknowledges the objection and asks if it can instead be discussed at a later point in
the sales call.
 Postpone (coming-to-that) technique: Technique for overcoming an objection in which the
salesperson acknowledges the objection and asks if it can instead be discussed at a later point in
the sales call.
 Referral (feel-felt-found) technique: Technique for overcoming an objection in which the
salesperson uses a third party (often a customer) to address and refute the objection.
 Value technique: Technique for overcoming an objection in which the salesperson transitions
the conversation away from price alone to more fully describe the value being offered through
the solution.
 Assumptive close: Manipulative closing technique in which the salesperson makes a statement
indicating an assumption that an agreement has already been reached, when this is not the
case.
 Continuous-yes close: Manipulative closing technique in which the salesperson asks a series of
questions designed to elicit a positive (yes) response, and concludes by asking for the sale in the
hope that the customer will again respond “yes.”
 Emotional close: Manipulative closing technique in which the salesperson discusses how
important the sale is for personal reasons.
 Standing-room-only close: Manipulative closing technique in which the salesperson states that
due to high demand for the product or service, it may not be available in the future.
