11. Rumie paid a $5000 retainer to a lawyer to commence a lawsuit on her behalf. After rendering two $1000 accounts for research, the lawyer advised the claim was too small for him to attend to. He recommended another lawyer to Rumie. How does the law allow Rumie to proceed? . She must forfeit the full retainer and hire a different lawyer. b. She must treat the contract as ended and sue for breach. C. d. She must sue the lawyer to recover the balance of the retainer. She must retain the lawyer that has now been recommended. 12. Two financial institutions unknowingly advanced loans in exchange for an assignment of rents on the same apartment building. The tenants were served with notice of the assignment by one financial institution immediately, the other served notice one week later. With respect to the payment of the rents under the assignments, what advice would a lawyer give to the tenants? a. Payment of the rents by the tenants is payable to the landlord. b. Priority ranking is delegated in the order notice was effected. C. Priority ranking is delegated to the first party to advance the loan. d. Payment of rents must be made to the assignor of the rents. 13. With respect to an assignment relating to a contract, which party is entitled to receive the assigned benefits due under the original contract? a. the signator b. the assignee C. the creditor d. the assignor 14. What is the definition of the legal term "assignment"? a. the substitution of parties or replacement of one contract with another b. the right to a remedy for breach when a party has sustained a loss c. the transfer of contractual rights from one party to someone else d. the transfer of a contractual right by an assignee to an assignor 15. If a creditor assigns a debt owed to it as a result of a contractual obligation that neither party has as yet completely performed, how would the creditor be advantaged by having done so? a. by the reduction of liability insurance premiums b. by the reduction of its accounts receivable by the reduction of the risk of remuneration default d. by the early collection of accounts receivable 16. Which of the following is a distinguishing feature of the doctrine of frustration? a. Rescission is impossible due to economic impracticality. b. No liability arises on account of the contractual breach. Liability rests with the party assuming risk of occurrence. d. A remedy of novation is generally mediated by the courts. 17. A flood will require mining operations to cease for at least six months. How would a force majeure clause affect the legal status of the miner's obligations relating to its existing supply contracts? non-performance of the contract will be excused without liability a. b. the innocent party will have the right to terminate and sue for breach performance obligations will be suspended until a specified event occurs d. the innocent party will have the right to sue for damages for breach 18. A court has considered counsel's arguments that neither of his client's signing officers were signatories to a contract and its corporate seal is absent from the document. What would the judge most likely identify as the common law doctrine counsel is attempting to satisfy? a. balance of probabilities b. breach of contract C. privity of contract d entitlement to remedy 19. What is synonymous with the phrases "better than 50 percent" and "to the court's satisfaction"? a. burden of certainty b . burden of proof C. beyond reasonable doubt d. balance of probabilities 20. Why did the Supreme Court of Canada grant leave to hear the case of London Drugs Limited v. Kuehne & Nagel International Lid. (1992), 97 D.L.R. (4th) 261 (S.C.C.)? a. to restrict employee liability relative to the doctrine of privity of contract b. to ensure employee exclusion clauses are no longer recognized by the lower courts to restrict employee liability relative to the doctrine of vicarious liability d. to ensure employer exclusion clauses are no longer recognized by the lower courts 21. What legislation would you need to rely on if you want to ensure that terms are implied in a contractual business arrangement? a. the Commercial Transactions Act b. the Electronic Commerce Act c. the Goods and Services Act