Question
1. Drew has a problem with his condo board. He believes he can install a window air conditioner but the condo board says the bylaws
1. Drew has a problem with his condo board. He believes he can install a window air conditioner but the condo board says the bylaws do not allow it. Drew has read the Condominium Act and he believes that he must first seek a meeting of the condo board and then he may have remedies in court. This situation involves which categories of law?
a. only private law, because not every person in society owns a condo
b. public law, substantive law and procedural law, because the Sale of Goods Act has all three categories of law that apply to Drew.
c. private law, substantive law and procedural law, because the Condominium Act has all three categories of law that apply to Drew.
d. procedural law, because the law sets out a procedure for Drew to get the remedy he seeks
e. private law and procedural law, because this is a private matter between Drew and the condo board
2. Acceptance of a contract must be certain and unconditional. Which of the following is NOT TRUE.
a. | the offeror can insist on silence as a mode of acceptance. | |
b. | the conduct must refer unequivocally to the offer made. | |
d. | none of the above. | |
d. | It must be a positive act. | |
e. | It may be expressed in words or conduct. |
2.
3. If a party is ready, willing and able to perform under a contract, and such performance is refused or prevented by the other party, which of the following is true?
a. | The party attempting performance must persist when performance is prevented or refused. | |
b. | Other than where a debt is owed, the performing party is taken to have completed its obligation under the contract. | |
c. | The performing party is never taken to have completed its obligations under the contract. | |
d. | In all instances, the performing party is taken to have completed its obligations under the contract | |
e. | Does not need to keep trying to perform but is barred from suing for breach of contract because they did not perform and are therefore breaching as well - two breaches cancel each other out. |
4. How is priority determined in the PPSA system?
a. | Generally, priority is assigned to the debtor that first perfects their interest, who is also usually the first to register. | |
b. | none of the above. | |
c. | Generally, priority is assigned to the creditor that first perfects their interest, who is also usually the first to register. | |
d. | Generally, priority is assigned to the creditor that first perfects their interest, who is also usually the last and therefore the most recent to register. | |
| e. | Generally, no priority is assigned to creditors. There is usually enough to go around for all of them |
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