1. When a resort is located beside natural bodies of water, it is important:

a)That swimming areas are not roped off and accessible to everybody.

b)That warning signs are posted, but only for the guests of the resort.

c)That warning signs are posted wherever and whenever the water is not safe.

2. Once assigned a room, the hotel staff cannot enter the room except:

a)To perform reasonable maintenance work.

b)Under request of the guest's spouse who provides documented evidence of his/her marital status.

c)Under request of the police, even in the absence of a warrant.

3. The duty of Positive Action refers to:

a)The duty of care owed to the guests to drink within the limits of city borders.

b)The assumption of a licensee that a patron altered by overdrinking will call a taxi to get home.

c)The legitimate assumption of a licensee that that a patron, in the company of persons drinking no alcohol, will be safely taken home by those companions.

4. Duties of an Agent to the Principal include:

a)Loyalty, Competence, Commitment to work exclusively for the Principal.

b)Obedience, Competence, Financial stability.

c)Obedience, Competence, Good Faith

5. Stare Decisis can be defined as:

a)A principle of Common Law that binds judges to follow the precedents set by equivalent or higher Courts of Justice.

b)A Federal law that binds judges to the decisions taken only by the Supreme Court of Canada.

c)A Federal law rule that binds judges to follow the precedents set by the Federal Government.

6. When the Contra Proferentem rule can be applied:

a)When a party refuses to accept the terms of a contract.

b)When a party mislead the other party into entering the contract.

c)When a contract drafted by one party is foisted on the other party that could not have a real opportunity to negotiate.

d)When both parties agree to amend some of the clauses of the contract.

7. Which of the following statements is FALSE:

a)A licensed alcohol provider must ask for ID anytime it is not clear the age of the customer.

b)The alcohol vendor can sell liquors to a minor if he/she has a written permission an adult.

c)A licensed alcohol provider cannot sell liquor to people over 80 years old.

8. Under the Law of Contracts, an offer lapses when:

a)The offeree refuses the terms set out by the offeror.

b)The offeror decides to revoke the deadline initially set in the offer.

c)The offeree fails to accept the offer by the deadline.

9. A properly drafted partnership agreement should include:

a)A list of the rights and responsibilities of the business towards the Provincial Government.

b)A list of the partners' legitimate heirs, in case of a premature passing of a partner.

c)Defines the rights and responsibilities of the partners.

10. Which of the following sentence is TRUE:

a)Any money held by the agent for the principal must be kept in bank accounts that are separate from those of the agency.

b)Agents cannot not be employees of the principal but only independent contractors.

c)A contract negotiated within the scope of agent's authority will not bind the principal.

11. A lender that checks the condition for a financing operation may need:

a)A down payment of at least 50% of the total amount requested.

b)A marriage certificate or an equivalent document submitted by the borrower.

c)A viable business plan submitted by the borrower.

12. HST remittance is an obligation for the employer, not the employee.

a)True

b)True but only for companies with more than 50 employees

c)False

13. A warranty is a term in a contract:

a)That sets the jurisdiction of the Court in case of disagreement between the parties.

b)That causes the invalidation of the agreement.

c) That gives rise to a remedy provision, in case of breach of one or more terms of the contract.

14.According to the general rules of the Agency relationship:

a)The principal cannot be a corporation.

b)The Principal is not allowed to restrict the agent to specific functions.

c)When the parties establish an agency agreement for periods longer than one year, the agreement must be in writing to be enforceable.

15. Which of the following is NOT a main element of Negligence:

a)Breach of the right to Privacy.

b)Breach of the duty of care.

c)Injury resulting from the breach.

SHORT ANSWERS

1)Based on the Law of Contracts, describe the difference between a WARRANTIES and a CONDITIONS

(up to 4 Marks)

2)Describe the main difference between an INDIVUAL PROPRIETORSHIP business and a CORPORATE business. For each of these business entities, provide at least one advantage and one disadvantage that these entities may present. (up to 6 marks)

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CASE SCENARIO

Please read carefully the case scenario below and provide your answer using the concepts discussed in class and your textbook (up to 7 Marks).

If you want to use Court precedents that you find applicable to this case, please add the citation in your answer and the reference at the end of the document (up to 3 points).

Mr. Thomas Vuum, for his 45th birthday, invites some friends for a weekend in a resort in Ontario.

Arrived at the hotel parking, the group leaves the car to the parking attendant, who also picks up some of the luggage directly from the trunk of the car.

At the end of the weekend, while checking out, Mr. Vuum realizes that he had left his expensive camera in the trunk of his car, parked two days earlier, but when the group arrives at the hotel parking, they find that somebody has broken into the trunk and stole Mr. Vuum's camera.

The group calls the VirgoFidelis General Manager, to report the incident and demand reparations:

After talking to the parking attendant on duty in the day the guests checked-in, the General Manager states that statutory limitations apply in regard to the stolen camera, as per the notice properly posted on their of rooms.

The group decides to file a lawsuit against the Resort and the case is brought to Court.

You are the appointed judge.

Based on the information of the above scenario, provide a motivated decision as to whether you uphold Mr. Vuum's claim to be compensated for the stolen camera or sustain the Resort defence about the application of the statutory limitation.