16. Based on how the law understands carelessness, which of the following would immediately

indicate the presence of compensable negligence?

a. balancing competing interests

b. intending to cause damage

c. omitting reasonable care

d. acting deliberately

17. Why would a court consider a lawyer who provided improper advice to a client, who in turn

suffered a loss, liable in negligence to the client?

a. The lawyer owed a duty of care to the client.

b. The lawyer is partially responsible for reliance on his or her advice.

c. The lawyer made the client pay for the wrong advice.

d. The business of law is held to an unreasonably exacting standard.

18. What is the commonality that exists in law between the tort of negligent misstatement and

negligent misrepresentation?

a. Both strongly support a claim arising from third-party reliance.

b. Both must arise from communication with a professional.

c. Both may be perfectly justifiable.

d. Both arise from communication.

19. Which of the following is a key element in managing the risk related to tort liability?

a. trained employees

b. insurance

c. professional advice

d. standard of care

20. Which of the following would immediately alert a lawyer to a prospective client's reduced

chance of receiving a judgment award for her damages?

a. pure economic loss

b. third-party reliance

c. breach of contract

d. contributory negligence

21. Albert's mother signed a three-month listing agreement with a real estate

agent. Prior to considering or accepting either of two below-listing-price offers the

agent brought to Albert's mother, she suffered a fatal stroke. What would a judge

likely decide if the agent and/or the offerees attempt to legally force the mother's

estate to accept one of the offers?

a. that someone who makes an offer and then dies would not be bound

b. that the death increased the chance of one of the offers being accepted

c. that the deceased party cannot personally perform, hence her offer also died

d. that the estate is obligated to complete the sale by accepting one of the

offers

22. Karl, Robin's champion male German Shepherd, has been missing for two

days. Robin posted an offer of a $1,000 reward for Karl's return throughout the

two-kilometre radius surrounding his home. What is the correct legal term for the

type of contract Robin has offered to enter into?

a. a bilateral contract

b. a unilateral contract

c. a unilingual contract

d. a multilateral contract

23. In his decision, Lord Wilberforce stated, "No universal rule can cover all

such cases; they must be resolved by reference to the intention of the parties, by

sound business practice and in some cases by a judgment of where the risks should

lie...." What legal rule did Lord Wilberforce establish in his ruling on this case?

a. the postage rule

b. the postman rule

c. the postbox rule

d. the post office rule

24. What is the purpose of the practical application of the rules governing the

acceptance of an offer, which has been upheld in a number of decisions of the

Canadian courts?

a. It ensures the application of the postal rule remains valid across Canada.

b. It qualifies any witness to the event who can testify to that effect.

c. A party must be aware it may become bound to contractual obligations.

d. It satisfies the need for proof that the necessary events occurred.

25. With respect to electronic contracting, what solution did the Uniform Law

Conference of Canada adopt to provide for the electronic acceptance of an

electronic offer?

a. clicking an "accept" button

b. clicking an "I accept" button

c. clicking an "agreed" button

d. clicking an "I agree" button

26 What is the most effective use of a business contract?

a. an aid for a court to interpret a business arrangement

b. a tool for the management of liability exposure

c. a means of limiting warranties for defective products

d. a mechanism limiting alternative dispute resolution

27. What is the function of an express term with respect to a contract?

a. It gives effect to the parties' intentions.

b. It brings an existing contract to an end.

c. It explicitly states contractual promises.

d. It implicitly states contractual promises.

28. What is the preferred means of ensuring each party to a contract knows its

obligations and the obligations of the other party?

a. The rules of plain meaning are followed.

b. The essential implied contractual terms are expressed.

c. The rules of construction are followed.

d. The essential terms of a contract are articulated.

29. In what way are assumptions and terms different from one another with

respect to the content of a contract?

a. Assumptions can be given legal weight.

b. Terms are attributed with legal weight.

c. Terms may be expressed in vague language.

d. Assumptions are typically expressed.

30. What is meant by the term "rules of construction" in contract law?

a. rules limiting evidence concerning a contract's contents

b. a basis for relieving parties from their contractual obligations

c. guiding principles for interpreting the terms of a contract

d. contractual terms stating that the contract is complete as written