A Judge will apply the theory of precedent if the facts of the two cases are the same and:

a. The decision is from the judge's own court

b. The decision is from a Court of equal rank

c. The decision is from a higher Court

d. A, B and C

e. A and C

The Right to Due Process under the Canadian Charter of Rights and Freedoms do not include:

a. Right to freedom of expression

b. Right to retain and instruct as Lawyer

c. Right to be informed of the reason for the arrest;

d. Right to a trial within a reasonable time

e. Right to be presumed innocent until proven guilty

The parol evidence rule is

a. a guiding principle for interpreting the terms of a contract

b. the basis for relieving parties from their contractual obligations if performance

of the contract is impossible

c. a rule that limits the evidence a party can introduce concerning the contents of

a contract

d. a condition that, until it occurs, suspends the parties' obligation to perform

their contractual obligations

e. a term in a contract in which the parties agree that their contract is complete

as written

Deceit is:

a. fraudulent misrepresentation that induces another to enter a contract

b. presenting another's goods or services as one's own

c. any activity on an occupier's property that unreasonably interferes with the

neighbor's rights to the enjoyment of his/her property

d. unlawful detention or physical restraint or the perception thereof

e. the act of coming onto another's property without the occupier's consent

Pleadings are:

a. Written statements prepared by the Plaintiff and the defendant in a Court

action

b. A process where each party begs the other to settlement their disputes before

going to Court

c. Most commonly used to determine grievances arising out of a collective

agreement

d. Used by the parties as a preliminary step in an effort to resolve the dispute

without arbitration

e. Documents produced by an administrative tribunal to deal with a particular

dispute

The Rules of Natural justice includes all of the following except

a. Right to be treated fairly in the conduct of contractual negotiations

b. Right to receive notice of the charges made against them

ALW380 MIDTERM TEST 1 SEME 113 3 / 10

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c. Right to have an opportunity to prepare and present their case

d. Right to receive notice of a promise to perform specified acts on certain terms

e. b and c

In contract law, a misrepresentation is:

a. unfair manipulation that compromises someone's free will

b. the threat of physical or economic harm that results in a contract

c. a false statement of fact that causes someone to enter a contract

d. an error made by one or both parties that seriously undermines a contract

e. an activity that is contrary to the criminal law

A fundamental breach is:

a. an unexpected event or change that makes performance of a contract functionally impossible or illegal b. a breach of contract that affects the foundation of the contract c. a breach of a minor term that gives the innocent party a right to sue for breach of contract d. a breach of a major term that gives the innocent party a right to treat the contract as over e. a breach that occurs before the date for performance

Forcible confinement is:

a. Confinement against a person's will

b. A tort in the form of false imprisonment

c. Another type of interference with the person

d. A criminal offence

e. A and D

An agent's actual authority is:

a. created when the principal acts such that third parties reasonably conclude that

an agency relationship exists

b. the power that an agent appears to have because of conduct or statements of

the principal

c. the power that an agent derives from either express or implied agreement with

the principal

d. inferred from the position the agent occupies

False statements that injure a person's reputation:

a. Are referred to as Defamation b. Is referred to as Libel c. Injurious falsehoods d. Must be in writing before a person can commence legal proceedings

Which one of the Following statement is NOT true:

a. An Agent must obey all lawful instructions of the principal

b. An Agent cannot ever act for the principal and a third party

c. An Agent must keep any information received from the principal confidential

d. The principal must indemnify the agent for any reasonable expenses incurred by

the agent in carrying out the agency agreement

e. A principal is considered to have received notice even thought the Agent did

not give the notice to the Principal.

16. A minor who fraudulently misrepresents their age:

a. Will be prevented from avoiding liability under the contract by the Courts

b. Cannot avoid liability under a contract for non-necessaries entered into with an

adult

c. The merchant cannot ever recover the goods from the minor

d. Cannot be charged under the Criminal Code

e. May repudiate the contract at anytime

17. Which of the following is NOT an element of Novation:

a. The new debtor assumes complete liability for the debt

b. The Creditor accepts the new debtor and the old debtor as the principal debtors

c. The creditor accepts the new contract as full satisfaction and substitution of the

for the old contract

d. The creditor accepts the new debtor as the principal debtor

e A and b

18. A party can avoid the Law of Privity if:

a. They have an interest involving Land

b. They have an interest involving a constructive trust

c. There are promises made under seal

d. If a statute provides certain exceptions

e. All of the above

19. If the postbox rule applies, acceptance of the offer occurs:

a. when the offeree specifies it will occur

b. when the offeree mails the acceptance

c. when the offeror receives the acceptance

d. when the offeror reads the acceptance

e. Never

20. The transfer of rights under a contract can be accomplished by:

a. Novation

b. Equitable and Statutory assignments

c. Vicarious performance

d. all of the above

e. Only a and c