$11.$ Helene operates a beauty salon. She cut Bentley's hair in exchange for the payment of $$25.$She also gave him a small bottle of shampoo as a gift sampler. The parties' transaction is not governed by the Sale of Goods Act.

$2$ points

A$)$ True

B$)$ False

$12.$ Boyd lost a diamond ring in the lobby of a hotel. Carmel, a guest at the hotel, found it$.$ BothCarmel and the hotel claim the right to possess the ring. If Boyd cannot be located, a court would probably favour Carmel over the hotel.

$2$ points

A$)$ True

B$)$ False

$13.$ BrainFood is a brand used to promote a concoction of natural ingredients sold in natural health stores as a supplement to help with memory retention. Recently, MindFood has come onto the market and has begun selling supplements that, although composed of different ingredients, are also meant to help with memory loss. The packaging is similar, and the two products are sold in the same stores. Customers are often confused as to which product is which is made by which company. Which of the following is most likely to be TRUE?

$2$ points

A$)$ MindFood is infringing Brainfood trademark

B$)$ MindFood is infringing BrainFood patent.

C$)$ MindFood is infringing BrainFood copyright.

D$)$ This is fair dealing and free competition$$not the subject of intellectual property law

E$)$ MindFood is immune from suit because it is composed of ingredients not found in BrainFood.

$14.$ Summary dismissal...

$2$ points

A$)$ means that the employee is dismissed without notice.

B$)$ means that the employer had just cause.

C$)$ is the same thing as wrongful dismissal.

D$)$ means that the employee is dismissed with reasonable notice.

E$)$ means that the employee is dismissed with notice.

$15.$ Athalone incorporated a corporation under the Canada Business Corporations Act. As the sole shareholder, he has limited liability. Which of the following statements is TRUE?

$2$ points

A$)$ Athalone is personally responsible for liabilities arising out of the business the corporation carries on$,$ but only up to the amount he has invested in return for his shares.

B$)$ Athalone can never be personally liable for any liability of the corporation.

C$)$ In most situations, Athalone will not be personally liable for the obligations of the corporation.

D$)$ Athalone's personal liability for the liabilities of the corporation is limited to the total of his personal assets.

E$)$ Athalone will never have to assume personal liability to creditors of the corporation.

$16.$ If two people share profits from a business, they are necessarily in a partnership.

$2$ points

A$)$ True

B$)$ False

$17.$ Minnie and Maximum Realty Inc have entered into a real estate agency agreement. In this situation, it is almost certain that

$2$ points

A$)$ Minnie is legally known as the beneficiary.

B$)$ Minnie is legally known as the agent.

C$)$ the company has complete authority to purchase or sell a house on behalf of Minnie

D$)$ Minnie owes a duty of care to the company.

E$)$ the company owes a fiduciary duty to Minnie.

$18.$ There must be $4$ elements present to establish a tort of negligence

$2$ points

A$)$ True

B$)$ False

$19.$ In a common law case where contributory negligence is established, the court prevents the plaintiff from recovering for the negligence of others if they too were negligent in causing the harm

$2$ points

A$)$ True

B$)$ False

$20.$ Even if there is no undue hardship, a company could practice discriminatory workplace practices under the permissible law of Bona Fide Occupational Requirement.

$2$ points

A$)$ True

B$)$ False