1. QUESTION 1 Jen, Jeff and Mary usually have dinner together every Friday night during term. Each would take turns paying for the meal. This Friday is Jeff's turn but he has to study for the mid-term next Monday so he phoned to say he is busy and can't make it. Which one of the following is the best statement about the legal position of the parties? a Jen and Mary should go for dinner anyway and send the bill to . Jeff who has a legal obligation to pay. b Jeff should send to Jen and Mary an amount of money to cover . at least his share of the bill. c There is not enough information to make a decision. . d This . is not a social relationship and the agreement will always be binding on the parties. e If it can be shown that all three had an intention to make a . binding contract, the court will enforce the terms. 10 points QUESTION 2 1. If a business uses written waiver of liability document to avoid liability problems what must the business also do to make the waiver effective? (Choose the correct choice.) Have the customer sign the document twice to make sure the customer understands the document. b Use a seal affixed to the document. a . . c Insist . d Have . that the customer read the document before signing. the customer produce two pieces of identification before signing the waiver. e If the customer does not read the document, or even if the . customer reads it, the business must explain the effect of the waiver. 10 points 1. QUESTION 3 The standard of proof in court proceedings of guilt beyond a reasonable doubt is more stringent than the standard of proof of balance of probabilities. a . Tru e b Fals . e 10 points QUESTION 4 1. In regard to the standard of care which one of the following is correct? a The greater the risk, the higher the standard of care. . b Infants have no standard of care. . c Standard of care asks to whom a duty . of care is owed. d Manufacturers of cars must make their cars safe . regardless of cost. e Every doctor has the same standard of care. . 10 points QUESTION 5 1. Al worked as a labourer for Farmer Bob for 25 years. Al never had any written agreement with Bob but kept working for minimum wage because Bob promised he would give Al all of the farm in Bob's Will. On the strength of that promise, Al kept working and built himself a new house on the farm. Based on these facts which of the following is false? a Al and Bob have a contract. . b Al and Bob do not have a valid contract. . c Writing would be a good idea in this situation. . d This situation may satisfy the doctrine of part . performance. e All of the above are true. . 10 points 1. QUESTION 6 The Smiths, a family of three (mom, dad and their 17-year-old daughter, Jess) had three vehicles. Mr. Smith owned all the vehicles. Generally speaking, Mr. Smith drove the pick-up truck, Mrs. Smith drove the four-door sedan and Jess drove the convertible. All three drive the vehicles every day, to get to work in the case of the parents, and to get to school in the case of Jess. When Mr. Smith applied for auto insurance including optional coverage for property damages (collision coverage) he declared that Jess was an "occasional" driver who drove one of the vehicles on the weekends only. Based on these facts which of the following is correct? (Choose the best answer.) a Mr. Smith has no insurable interest in the vehicles because he is not the . sole driver. b If the statement that Jess was an "occasional" driver was a material . misstatement of insurable risk, then coverage for an accident may be denied depending on the statutory provisions in force in that province. c All three drivers were disclosed in the policy application so Mr. Smith did all . he could to alert the insurer to the risks. d All of the above are correct. . e None of the above is correct. . 10 points QUESTION 7 1. The presence of implied authority can be determined by the job title an agent has. Tru e b Fals . e a . 10 points 1. QUESTION 8 A sophisticated client should be vigilant about a lawyer's ethical conduct, even where lawyers' ethical breaches are rare. Which of the following are strategies that a sophisticated client should take? Choose the best answer. a . Find, read and understand the ethical rules and codes of conduct that lawyers must follow. b Rely on the provincial law society to investigate lawyers. . c . Review the letters, communications and conduct of the lawyer on a regular basis. d Wait, if necessary, until the end of the lawyer-client . relationship to voice concerns. e A and C . 10 points 1. QUESTION 9 Automobiles have special tort liability laws because: (Choose the best answer): a The negligent operation of automobiles can cause devastating losses and . significant injuries. b Liability for the operation of automobiles is governed entirely by statute. . c Defendants in automobile cases are more vulnerable. . d All of the above . e None of the above . 10 points 1. QUESTION 10 Businesses often use written waiver of liability documents to avoid liability problems. If a customer signs a waiver what must the business also do to make the waiver effective? (Choose the correct choice.) a Make . b Have sure the customer produces identification before signing. a seal affixed to the document. . c . Have the customer sign the document twice to make the customer understands. d If the customer does not read the document, or even if read, . the business must explain the effect of the waiver to the customer. e Insist that the customer read the document before signing.