1 points

QUESTION 11

How can the parties to a contract create certainty regarding which country's laws will apply to disputes between the parties?

	a.	Include a choice of venue clause
	b.	Include a choice of law clause
	c.	Include a force majeure clause
	d.	Include an arbitration clause

1 points

QUESTION 12

NHC Corp. is a Canadian manufacturer of hockey equipment. Crosby received a new set of hockey pads from his girlfriend for Christmas. When he wore the pads to his hockey game a few days later, he was injured when a puck ripped through the faulty padding and severely bruised his shoulder. What type of claim does Crosby have against NHC?

	a.	Breach of contract
	b.	Trademark infringement
	c.	Assault and battery
	d.	Product liability

1 points

QUESTION 13

Distributors:

	a.	Are empowered to make contracts for the principal.
	b.	Take ownership of the goods.
	c.	Resell the goods on their own account.
	d.	b. and c. only.

1 points

QUESTION 14

Lisa's Lace is a Canadian business considering purchasing a factory in Thailand to produce fabric. Before Lisa's Lace goes ahead with the purchase, they should consider:

	a.	Whether Canada and Thailand have a bilateral investment treaty.
	b.	Whether Canada and Thailand have a trade agreement.
	c.	Whether Thailand actively enforces its laws regarding intellectual property protection.
	d.	All of the above.
	e.	None of the above.

1 points

QUESTION 15

In a trademark infringement case, the most useful remedy for the owner to prevent further improper use of the trademark is generally:

	a.	Accounting.
	b.	Damages.
	c.	Seizure of goods.
	d.	Injunction.

1 points

QUESTION 16

A contract between a seller of goods and a transportation company to ship the goods by air to an airport in the buyer's country is an example of a(n):

	a.	Ancillary (secondary) contract.
	b.	Contract governed by the CISG.
	c.	Primary contract.
	d.	Agency contract.

1 points

QUESTION 17

Which factor will the courts NOT consider when determining the appropriate jurisdiction or applicable law of contract when the commercial contract is silent on the topic of choice of law or governing jurisdiction?

	a.	The nationalities of the parties involved
	b.	The place the contract was made
	c.	The language used in the contract
	d.	The places of business of the parties

1 points

QUESTION 18

If a business promises to send a free holiday gift to a long-time customer but does not charge for this gift:

	a.	The promise of the gift will not make an enforceable contract because there was no intention to form a legally binding obligation.
	b.	The promise of the gift will form an enforceable contract.
	c.	The promise of the gift will not creat an enfoeceable contract because there has been a misrepresentation.
	d.	The promise of the gift will not form an enforceable contract because of a lack of consideration.

1 points

QUESTION 19

Both Mexico and France have ratified the Convention on Contracts for the International Sale of Goods (CISG). A seller in France and a buyer in Mexico enter into a contract for the sale of cheese. If a dispute arises:

	a.	The law of Mexico will apply because the buyer is a Mexican company.
	b.	The CISG will only apply if the contract states that it applies.
	c.	The CISG will apply.
	d.	The law of France will apply because the seller is a French company.

1 points

QUESTION 20

A standby letter of credit is generally used to provide compensation to a purchaser of large-scale services or an owner arranging large-scale projects, to cover losses incurred if the contract is not completed.

	a.	True
	b.	False

1 points

QUESTION 21

Crispy Chicken Takeout makes the best crispy - not fried - chicken in North America. Not even the employees preparing the food know the ingredients that go into the recipe. This is an example of which of the following concepts?

	a.	Copyright
	b.	Patent
	c.	Trade secret
	d.	Industrial design

1 points

QUESTION 22

J's Gym in Toronto, Canada, buys gym and workout equipment from Workout With US, a manufacturer in California, US. To ship the equipment to Toronto, Workout With US pays Tim's Transport, a freight forwarding company, to rent railway containers and arrange shipment by rail. If something goes wrong during shipping and the goods arrive in a damaged state at J's Gym,

	a.	J's Gym can sue the national railway company for breaching their duty of care
	b.	J's Gym can sue Workout With US for breach of contract
	c.	J's Gym can sue the Canadian government because it is the owner of the railway company.
	d.	J's Gym can sue Tim's Transport for damages

1 points

QUESTION 23

When a defendant makes an argument of forum non conveniens, it must convince the court that:

	a.	The parties should apply foreign law.
	b.	There is a different, more appropriate jurisdiction that should resolve the dispute.
	c.	The parties should resolve the dispute through mediation.
	d.	The lawsuit is frivolous.

1 points

QUESTION 24

What is the next step for a plaintiff that has obtained a judgment in a foreign jusrisdiction against a defendant located in Canada?

	a.	a court proceeding, but not a full trial, in any Canadian province
	b.	a court proceeding, but not a full trial, in the Canadian province in which the judgment is to be enforced
	c.	a court proceeding, and a full trial, in the Canadian province in which the judgment is to be enforced
	d.	a court proceeding, and a full trial, in any Canadian province

1 points

QUESTION 25

Which of the following is true about confidential information?

	a.	It is not transferrable.
	b.	It is always owned by the employer.
	c.	An employee can always take confidential information from their current place of business to their next place of employment.
	d.	It is assignable and licensable.