1. Mr., Edwards, a former policeman, was hired to do investigations for the stock exchange When it was found out that Edwards had cheated on the examination required by the stock exchange. he was fired, told to leave immediately, and paid his salary until that day. Edwards who was not covered by a collective agreement. sued for wrongful dismissal, If the court holds that the employer had just cause for dismissal. Edwards will be entitled to damages equivalent to which of the following

1) The amount that would have been paid during a reasonable notice period less any other amount received from other employment

2) The amount of pay that would have been received in one Period. e.g. one month if paid monthly

3) Two weeks pay, the statutory minimum

4) Reasonable losses that Edwards could not mitigate

5) Nothing

2. In order to obtain a remedy for the disclosure of confidential information or a trade what must the plaintiff show?

1) That the employee intended to harm the employer

2) That there was a non-disclosure agreement

3) That the disclosure of information has caused harm

4) That the employee profited from the disclosure

5) That the information was not personal

3. Marilyn worked for Spinners in Vancouver for twenty-five years. She had no written employment agreement. Recently a new supervisor, Walter was appointed to head her department. He began to make remarks about her appearance and began asking her out on dates which she declined. Marilyn complained to the Human Resources Manager who did not address her concerns. Walter's behaviour continued. Finally Marilyn could tolerate it no longer and she resigned leaving Spinners without giving notice, Which one bf the following is TRUE?

1) Marilyn could submit a complaint under the B.C. Human Rights Code.

2) Marilyn could sue for wrongful dismissal and claim damages amounting to pay she should have received in lieu of notice.

3) Marilyn could make a successful argument that her resignation amounted to constructive dismissal

4) Although Spinners treated Marilyn poorly, she is still under a duty to look for a job after her resignation.

5) All of the above

4. Because intellectual property rights are governed by statute. not common law, a plaintiff who has suffered a breach of its trademark rights cannot claim the equitable remedies of an injunction or an accounting: it can only receive an order for damages

1) True

2) False

5) Which of the following is NOT covered by the federal Competition Act

1) Warranty of quiet possession

2) Conspiracy

3) Mergers and acquisitions

4) Bait and switch advertising

5) Pyramid selling

6. which of the following is FALSE with regard to the law of landlord and tenant, lesser and lessee?

1) A lease agreement is a contract that grants an estate in land; i.e., it gives the lessee exclusive possession for a period of time

2) If a commercial lessee defaults on his rent. the lessor has the power to seize the lessee's property left on the premises.

3) Residential properties are governed by provincial statute and vary from jurisdiction to jurisdiction.

4) A tenancy is primarily contractual and therefore does not "run with the land," so it does not bind a purchaser of the building.

5) The law of frustration applies to residential leases.

7. If an employee becomes disabled, the employer must attempt to accommodate the employee so that her employment may continue, however only up to the point of undue hardship.

1) True

2) False

8. Under which of the following areas of intellectual property law would the "golden arches" of a McDonald's Restaurant be protected:

1) Trade secret

2) Copyright

3) Trademark

4) Industrial Design

5) Patent

9. A cheque is a bill of exchange drawn against a bank

1) True

2) False

10. When a landlord seizes property left by the tenant and holds it until the rent is paid or sells it to pay rent owing, this is referred to as

1) relief against forfeiture.

2) tenancy at sufferance

3) distress

4) an order nisi

5) an order absolute

11. Which of the following matters are dealt with by federal or provincial human rights laws

1) Harassment

2) Disabled workers

3) Religious discrimination

4) Gender equality

5) All of the above

12. Which one of the following statements about bankruptcy is TRUE?

1) Bankruptcy law is different in every province.

2) Bankruptcy refers to a situation in which a debtor who cannot pay his debts transfers his assets to the creditors directly

3) Bankruptcy law forces a debtor to pay all his debts, regardless of his financial position.

4) All creditors of a bankrupt debtor are treated equally and will receive shares of the assets directly in proportion to how much is owed to each of them.

5) None of the above.

13. An agreement for sale includes the right to retake possession if the person buying the land fails to pay instalments

1) True

2) False

14. If you grant your grandma a life estate and she asks about her rights and duties as a life tenant which of the following is TRUE?

1) The life tenant can transfer the fee simple to someone in her will.

2) The life tenant is not responsible to make repairs to keep the property in good condition, only the fee simple owner has that responsibility.

3) The life tenant cannot rent out the property during the life tenancy.

4) If you make no indication of who the property is to go to when she dies the property reverts back to your estate.

5) The life tenant after 20 years can establish an easement interest in the property.

15. Your brother wants to borrow $80000 from the Bank of Victoria and has asked if you would guarantee the loan. You have been told the following with regard to guarantees. Which of the following statements is CORRECT?

1) As guarantor, you cannot be relieved of your obligation if the bank fails to disclose financial information in relation to your brother in the bank's possession.

2) A guarantor becomes liable on the debt as soon as the principal debtor defaults on the loan granted to him.

3) You, as guarantor cannot be relieved of your obligation if the bank does something to weaken your position-e.g., by agreeing with your brother to increase the amount without your consent.

4) If he defaulted on his payments and you had to pay the debt to the bank you would not be subrogated to the rights of the bank i.e., you would get the bank's right to sue your brother

5) A legally enforceable guarantee need not be in writing as long as it is witnessed.

16. Any substantial change in the nature of the contract between the creditor and the debtor without the guarantor's consent will relieve the guarantor of any obligation

1) True

2) False

17. On Friday afternoon, Vicki was told not to return to work because her job was gone. If her employer is a non-unionized business, and has no just cause for dismissal, which of the following is TRUE:

1) The maximum notice her employer can give is governed by the Employment Standards Act.

2) If the period of notice was in the employment contract, that period would override the common law unless that period was less than provided in the Employment Standards Act.

3) Even if the employer pays her an amount of money equal to what she would have earned during the notice period, the employer would still have to give her additional notice of at least two weeks.

4) If the employee sues for wrongful dismissal and the court has to determine the appropriate notice period, it would consider among other things her gender and religion

5) The notice she is entitled to under common law will always override the notice she is entitled to under her employment contract.

18. With respect to the land titles system of registering interests in land, which one of the following is TRUE?

1) This registration system is the same throughout Canada because the procedure has been set by the federal government to ensure a uniform method of registration.

2) All the documents concerning an interest in land must be kept in the land title office. and to ensure the state of the title, a potential purchaser is advised to examine the various documents that have accumulated over the years.

3) When documents concerning an interest in land are filed in the land title office, each document is examined, and if it is in order, the state of title certificate is amended to show the change.

4) Mortgages, restrictive covenants, building schemes, easements, and even entries under the Builders' Lien Act need not be registered to protect those interests against third party claims. Registration of such interests is voluntary and won't affect one's interest.

5) The system is to safeguard the documents; the government is not guaranteeing title.

19. Which of the following is most likely an example of an independent contractor rather than employment:

1) Mike works full time as a college instructor

2) Dave is the sales manager a used car dealership

3) Mary is a full-time purchasing agent for a large department store

4) Bob is a commissioned sales person selling vacuum cleaners on behalf of various manufacturers.

5) Betty is a cashier at a supermarket.

20. Which of the following is a statement of facts to which the Sale of Goods Act would apply?

1) "Excuse me, there is a mouse in this beer bottle.

2) "I asked for a trim! You've cut off four inches!!

3) "1 brought in five shirts to be laundered and you are returning only four to me!"

4) "I agreed to give you a dozen old campaign buttons for that original signature of the Prime Minister, but received the signature of the Governor General."

21. Which of the following is FALSE in regard to obtaining a patent:

1) To obtain a patent the inventor must show that the invention was not already known or used by another person before the inventor invented it

2) The inventor does not have to reveal how the invention is made when he applies for the patent because that information is secret

3)A patent application is a complicated procedure that can take a long time

4) If the patent office refuses to grant a patent the inventor may appeal the decision.

5) patent law is governed by federal legislation.

22. Which of the following is the CORRECT definition of a chattel?

1) A chattel is a name used to describe the land registration system in place in the Western provinces.

2) Chattel is an intangible form of personal property, such as a debt or claim.

3) Chattel refers to intellectual property such as patents and copyrights

4) Chattel is the term used to describe tangible personal property or movables.

5) The term chattel is the broad term used to describe any kind of property interest.

23. Which of the following is FALSE with regard to property?

1) Both real and personal property can be given as security to a creditor.

2) Real property consists of land and buildings

3) Personal property does not include such things as bonds.

4) Personal property includes chattels (movable property)

5) Accounts receivable can be given as security to a creditor.

24. Which of the following statements is FALSE in regard to copyright law:

1) Copyright arises when the work is created even if it is not registered

2) Copyright is goverred by federal law

3) The period of copyright protection is 25 years and can be renewed once

4) A copyright holder can assign or licence his copyright but still retain his moral rights.

25. Read the following statements with regard to the parties involved with negotiable instruments and indicate which is FALSE.

1) The person who signs and issues the cheque is the drawer. The person who is owed the money and receives the cheque is the drawee.

2) A person who signs a draft is a drawer: the party commanded to pay is the drawee

3) An acceptor of a draft will become liable to the payee for the amount of the draft.

4) The payee of a negotiable instrument can negotiate the instrument to a holder who will be remote in relation to the drawer.

5) The person who signs a promissory note is the maker of the note and, unlike a cheque the note will not include a drawee.

26. Which of the following is governed by federal law and therefore has the same rules all across Canada:

1) Conditional sales contracts

2) Chattel Mortgages

3) Bankruptcy

4) Assignment of accounts receivable

27. Tim is employed as a software developer for a small company. He is assigned to head a project to develop new accounting software for an important client. The project has a strict deadline for completion: under its terms, the company must pay the client damages for every day it is late. After weeks of hard work and stress, the project is falling behind and not likely to be completed on time. One evening, while walking on the beach, Tim finds inspiration to seek a more peaceful life. The next morning, he telephones his manager to say that he is quitting immediately to live a life of quiet meditation. The manager desperately starts looking for someone to finish the project. In these circumstances, which of the following is FALSE

1) if the project is not completed on time and the client sues, the company can sue Tim for breach of contract

2) the company is legally obligated to mitigate its damages by reasonably trying to hire a replacement for Tim

3) Tim cannot be held liable because an employee does not have a duty to give notice when resigning

4) even if the Employment Standards Act does not require a minimum notice period to be given by an employee who quits, there is still a duty to give such notice in common law

5) an employee can leave at any time without notice if the employer has breached the employment contract by fundamentally changing its terms

28. Which of the following is FALSE if an inventor has her application for a patent granted:

1) She has the right to renew the period of protection at the expiry of the first period

2) She can no longer claim that the invention is a trade secret

3) She has the right to sue someone who uses the invention without her permission

4) Infringement of the patent can be a civil wrong

5) She has the exclusive right to make. use and sell the Invention for a period of 20 years

29. A secured creditor has the right upon default to:

1) Claim its contractual remedies

2) Seize the security

3) Sell the security

4) Sue the debtor rather than seize the security

5) All of the above

30. Only employers are responsible for torts committed by their employees during the course of the employment.

1) True

2) False

31. In regard to patent law, which of the following BEST describes an invention that can patented?

1) A genetically modified plant

2) An original artistic work

3) An important scientific theory

4) An idea for a new movie.

32. The Sale of Goods Act adds a number of implied terms to a sale of goods transaction. Which of the following statements is NOT an implied term under the Sale of Goods Act

1) The seller promises the buyer good title

2) The buyer is promised satisfaction or the right to get his money back

3) Goods sold by description must match the description

4) Where goods are sold by sample, the bulk of the goods must match the sample

5) The goods will be of free of liens and other eumbrances

33. Which of the following statements is TRUE regarding an employer's liability for the conduct of his employee:

1) the employer is always liable for the wrongful conduct of his employee

2) if a person is injured by the conduct of an employee in the course of the job, that person must sue the employer, not the employee

3) an employer is only liable for the conduct of his employee that within the course of an the employment

4) any employee can bind his employer in any contract

5) all employees are agents of the employer for all purposes

34. When Joan entered into a contract with Mr. Shultz to rent an apartment in a converted house she noticed that the back stairs and hand railing looked as if they were in disrepair. On the day when she took possession, she found she couldn't use the back stairs because the last two steps were rotten and the handrail was not bolted down at one end. Which of the following is TRUE?

1) Unless the contract states that the landlord has an obligation to repair, the landlord has no obligation to repair.

2) Because Joan has taken possession, she would have the obligation to replace the steps and bolt down the railing.

3) The landlord has an obligation to provide premises in a good state of repair only if any defect was brought to his attention at the time of the contract.

4) The common law places no duty on the landlord to repair, and this has not been overridden by any statute

5) The landlord has a statutory duty to provide premises in a state of repair that complies with safety standards irrespective of the state of the premises at the time of contract.

35. Which of the following statements is FALSE in regard to "property":

1) Both real and personal property can be pledged as security to a creditor

2) Real property includes land but does not include the buildings on that land

3) Personal property includes intangible rights such as the right to receive payment of a debt

4) Personal property includes chattels

5) Real property includes "fixtures"

36. A trademark can be protected for an indefinite period of time if it is renewed every 15 years

1) True

2) False

37. Which of the following is NOT an example of a statute that protects intellectual property:

1) The Patent Act

2) The Trademark Act

3) The Copyright Act

4) The Industrial Designs Act

5) The Confidential Information Act

38. If a guarantor signs a continuing guarantee, he may continue to be bound by the guarantee even though the creditor and the debtor agree to later changes that put the guarantor at greater risk of being called upon to pay the debt.

1) True 2) False

39.For the purpose of building a playhouse for his sons, Andy went to Lumberlore Ltd. and bought the following items: an electric drill, lumber and a six-foot step-ladder. He did not talk to a salesperson and he paid with his credit card. While working on the project, Andy noticed that the drill worked, but it was not powerful enough to drill into the posts the playhouse needed for support. When he went toward the house to get his car keys, he found his wife unconscious. She had climbed the ladder to take some leaves out of the roof gutter, and it broke under her weight because of its faulty design. Which of the following is FALSE:

1) Andy would have an action against Lumberlore Ltd. for breach of a condition of the contract for the ladder because it was not of "merchantable quality

2) Andy would have an action against Lumberlore Ltd. for breach of a condition of the contract for the drill because it was not fit for his purpose

3) Andy's wife would have an action in tort against the manufacturer of the ladder

4) The sale of the items Andy bought is covered by the Sale of Goods Act even though he used his credit card to pay

40. Which of the following statements is FALSE regarding bankruptcy law:

1) A debtor may be insolvent without being in bankruptcy

2) A debtor who cannot pay his debts can make a voluntary assigns ent in bankruptcy

3) a debtor does not pay his debts, his creditors can force him into bankruptcy

4) A debtor is released from bankruptcy by a court order called "discharge"

5) When a debtor is released from bankruptcy. all his unpaid debts of every kind are cancelled

41. Which of the following is NOT just cause for dismissal of an employee:

1) Serious absenteeism

2) Consistently being late

3) Continual disobedience

4) Continual negligence or incompetence

5) The employer does not have enough work for the employee to do

42. The only person who has a better claim than the finder on goods that are found is the original owner

1) True

2) False

43. The effect of an Anton Piller Order is to:

1) Stop infringement of an intellectual property right before trial.

2) Seize material from the suspected infringer before trial

3) Prohibit the offender from dealing with the product.

4) Compensate the holder of a copyright.

5) Require the infringer to pay over any profits.

44. Under the Sale of Goods Act, unless the parties have agreed otherwise, the purchaser of a finished good in deliverable condition bears the risk of loss from the moment the sale agreement is made, even though she will not pay for the good or take delivery until a week later.

1) True

2) False

45. When a house is built on a lot, the house is an example of

1) a profit a prendre

2) real property.

3) a chattel.

4) a house is not considered property.

5) an easement

46. If the place of employment is not unionized, and there are no provisions in the employment contract concerning termination of employment, which of the following would NOT be within the rights of the employer and therefore is actionable by the employee:

1) An employee is dismissed for serious incompetence and he is given neither notice nor pay in lieu of notice

2) An employee is dismissed because he refused to do a job to which he had just been demoted, and he is given reasonable pay in lieu of notice

3) An employee is dismissed because his employer doesn't like his personality and he is given reasonable pay in lieu of notice 4) An employee is dismissed because he was found stealing on his employer and he is given neither notice nor pay in lieu of notice

5) An employee is dismissed because there is no more work to do and he is given neither notice nor pay in lieu of notice

47. After saving his money for years, Taylor was finally able to buy property with a small house and a lake. Which of the following is FALSE?

1) His ownership extends to include fixtures

2) Taylor owns all of the area above his land and all of the land below

3) Despite the extent of his interest, the Crown can grant the ineral rights to someone else.

4) Taylor's interest is referred to as a fee simple

5) He can sell part of his interest and create a joint tenancy.

48. Which of the following terms or documents is NOT used to determine when title or risk of loss pass to the buyer of goods:

1) Cost, insurance and freight

2) Free on board

3) Cash on delivery

4) Bill of lading

49. Which of the following is NOT able to file a lien against the property under the Builders' Lien Act

1) Contractors

2) Sub-contractors

3) Workers

4) Suppliers of material

5) Lenders

50. To which one of the following contracts would the Sale of Goods Act NOT apply:

1) A meal in a restaurant

2) The sale of a house

3) A sale of future goods when title will pass in the future

4) The purchase of a car

5) The sale of tangible personal property