Blaw 300/2030

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Which of the following is true?

Question 1 options:

Copyright ends at the time of death of the author of a work.

Ownership of a trademark is established by establishing or inventing it.

The words "trademark" and "business name" mean the same thing.

An invention must actually work in order to be patentable.

Question 2(1 point)

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ABC Inc. is issuing 10,000 new shares to raise money for its upcoming expansion. What is the name for this type of financing?

Question 2 options:

Debt financing

Equity financing

Interim financing

Conditional financing

Question 3(1 point)

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Adler is employed by Rock'n'Roll Talent Agency (RRTA) to scout for new musical talent (rock and roll, pop, and jazz artists) and sign them to the RRTA label. RRTA sends Adler on a scouting trip through Canada, paying for all the expenses. On her trip, Adler locates dozens of new rock and roll, pop and jazz artists for RRTA.While on her scouting trip, Adler also identifies several very funny amateur comedians.Since RRTA only has musical clients, Adler is sure that there is no issue if she signs these comedians to her new talent agency Adler's Amusers (AA).

Based on this scenario, identify all the statements that are correct. Answers are equally weighted.

Question 3 options:

A)

The principal in this scenario is RRTA.

B)

If Adler signs a contract with a rock'n'roll, jazz or pop artist, the contract is actually between RRTA and the artist.

C)

The agent in this scenario is Adler.

D)

The principal in this scenario is Adler.

E)

If Adler signs a comedian to RRTA, but RRTA refuses to ratify the contract, Adler will be personally responsible for the contract (for breach of warranty of authority).

F)

Because RRTA does not usually sign comedians, RRTA has no claim over the comedians that Adler has identified.

G)

Adler would be breaching a fiduciary duty if she signed the comedians to AA without requesting permission from RRTA.

H)

The agent in this scenario is RRTA.

Question 4(1 point)

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A lawyer is arguing that a promoter hosting a public New Year's social is liable in tort for negligence causing injury and loss to his client. Which argument most likely offers the strongest support for the claim for damages he is presenting to the court?

Question 4 options:

The promoter advertised the event.

The promoter failed to provide a safe environment

The promoter should assume both physical and legal risks

Occupiers have a moral obligation to keep the premises safe

Question 5(1 point)

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The decisions of the Supreme Court of Canada are best described as:

Question 5 options:

a binding on all other courts in all Canadian jurisdictions

always appeals from the Federal Court of Canada

binding only on the government

limited to constitutional matters

Question 6(1 point)

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Remmie owns the associated rights to property, the buildings, and everything affixed to them located on that property, and the property itself. How is this particular asset likely to be classified?

Question 6 options:

As intangible property

As chattel property

As real property

As tangible property

Question 7(1 point)

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Jarrit runs a business delivering oilfield parts to remote oilfield locations on short notice. Jarrit only hires men because he is very concerned about safety. Jarrit's drivers often have to drive at night, keep long hours, and enter work camps where (mostly) male workers work.

Jarrit needs to hire 2 more drivers, so he puts out an advertisement for the jobs. Mel applies for the job, but is told that she will not be considered for the job because she is female.

Select all the statements below thatcorrectlydescribe the scenario above. Answers are weighted equally.

Question 7 options:

A)

The protected area in this scenario is tenancy.

B)

The protected ground in this scenario is sex or gender.

C)

The protected area in this scenario is publication.

D)

This is discrimination because there is no rational connection between being male and safety.

E)

There is no discrimination here because there is a rational connection between requiring a man to do the job because of the safety concerns involved.

F)

The protected area in this scenario is employment.

Question 8(1 point)

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What does the duty to mitigate require of an employee whose position has already been constructively terminated?

Question 8 options:

It requires the former employee to take reasonable steps to find comparable employment.

It requires the former employee to take the first job available.

The individual is expected to accept a lower-level job in another company to reduce his loss.

The employee could be required to accept a lower position in the same company.

Question 9(1 point)

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Which of the following would likely not be enforceable if included in an employment contract?

Question 9 options:

A duty of confidentiality

A provision for what will happen if duties are changed in the future.

Provisions for retirement

A carefully worded restrictive covenant but without time or geographical limitations.

A termination notice provision that exceeds the statutory period but is less than common law notice.

Question 10(1 point)

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Ruby Fashions Ltd. terminated its long-term agency relationship with the Fashion Forward Agency. Fashion Forward had negotiated purchase contracts with retail outlets on behalf of Ruby for several years. What advice would you give Ruby at this time?

Question 10 options:

That Fashion Forward can no longer bind Ruby to contracts.

That outsiders have an obligation to prove whether or not there is an ongoing agency relationship between Ruby and Fashion Forward.

That Fashion Forward has the onus to inform outsiders that it is no longer Ruby's agent.

That Ruby has the onus to inform outsiders that Fashion Forward is no longer its agent.

Question 11(1 point)

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What is the legal term given to a provision in a contract whereby the parties agree in advance the amount to be paid in the event of a contract breach?

Question 11 options:

A liquidated damages clause

An exemption clause

A whole contract clause

An entire agreement clause

Question 12(1 point)

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What is the primary goal of tort law?

Question 12 options:

Loss prevention

Compensation

Retribution

Punishment

Question 13(1 point)

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Which of the following statements is correct with respect to remedies for wrongful dismissal?

Question 13 options:

If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive.

Damages payable to the employee are based on what the employee would have received had he been given reasonable notice whether or not he gets another job.

The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.

The court will usually order the employer to take the employee back.

Question 14(1 point)

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Rita is employed as a financial investment advisor for a local investment services firm and signed a restrictive covenant that prevents her from working as an investment advisor for a period of 5 years anywhere in Canada should she leave her current employer. On what legal basis might this clause be unenforceable?

Question 14 options:

It constitutes an unreasonable restraint on trade.

Rita failed to read the contract before signing it.

It violates the Charter guarantee of freedom of mobility.

It violates the Criminal Code.

Question 15(1 point)

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Felicia purchased a medical practice and is looking for another investor.Felicia's friend Louise (who is also a medical doctor) is interested in forming a partnership.Although each doctor is comfortable being a partner in the business, both Felicia and Louise want to ensure that they are liable only for their own torts. Louise invests $380,000 in the partnership after filing the required paperwork. What type of partner is Louise in this business?

Question 15 options:

Limited Liability Partner

Limited Partner

General Partner

Question 16(1 point)

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Salime and Carilse are each partners in a promising business that designs computer chips for specialized technology applications (ZipChips). Needing new investors in the business (and feeling a little unsure of the technical details required for the new business), Salima and Carisle invite Noye (a specialist computer chip engineer) to invest in their business as a partner. Noye is excited to get involved, but wants to limit her financial risk to $100,000 only. Therefore,Noye invests $100,000 and registers herself as a limited partner. Since Noye has so much experience in the field, Noye takes a leading role in setting up the partnership's design team and in managing the timelines for returns on the research and development. Because of her experience, Noye is consulted on all major decisions for the business and has final approval on the salaries of all new employees. What type of partner is Noye in this business?

Question 16 options:

General Partner

Limited Partner

Limited Liability Partner

Question 17(1 point)

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How does confidential business information maintain the protection of the law?

Question 17 options:

By registration

By efforts to keep it secret

By use

By fixation

Question 18(1 point)

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Which of the following statements more accurately describes an employee rather than a independent contractor?

Question 18 options:

The person provides his or her own tools.

The person determines his or her own work schedule.

The person has a high level of financial risk.

The person is an essential part of an employer's organization.

The person is free to represent others in the same business.

Question 19(1 point)

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What is the purpose of the discovery phase in a private lawsuit?

Question 19 options:

To allow each side an opportunity to obtain expert evidence that can later be used at the trial

To disclose evidence in support of the claims in the lawsuit and test the strength of the opposing party's claims

To cross-examine all of the witnesses that will be called at trial

To enable each side to make its allegations

Question 20(1 point)

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Leslie offered to pay Murray $100 a day to show her dog in an upcoming three-day competition. Murray accepted and showed the young male dog, winning best of breed during each day's competition. Leslie paid Murray $300. What is the present status of their contractual arrangement?

Question 20 options:

The contract has been terminated by performance.

The termination of the competition frustrated the contract.

The contract terminated by agreement of the parties.

The payment of the settlement ended the contract.

Question 21(1 point)

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The Personal Property Security Act (PPSA) fulfills a number of purposes. Which of the following describes one of these purposes?

Question 21 options:

Determining priority among creditors.

Protecting borrowers from exorbitant interest rates.

Prohibiting misleading statements in credit applications.

Protection of the public from unscrupulous lenders.

Question 22(1 point)

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Ultimate Caterer Inc. lost its lawsuit and was ordered to pay damages and costs to the young couple whose wedding dinner left them and many of their guests very ill. Which of the following correctly describes the meaning of costs in these circumstances?

Question 22 options:

The amount the loser must pay toward the winner's expenses

The amount of court fees charged for litigating the lawsuit

The defendant's legal fees

The plaintiff's actual legal fees

Question 23(1 point)

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Walter receives and considers submissions from both parties involved in a commercial dispute. He will deliver his decision shortly. In a contract signed by the parties, they agreed to follow that decision. Who is Walter?

Question 23 options:

the mediator

the judge

the adjudicator

the arbitrator

Question 24(1 point)

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How does Canadian contract law protect minors and mentally incapacitated individuals?

Question 24 options:

By ensuring that they cannot enter into legally binding contracts

By requiring the courts to approve their contracts

By providing that only certain types of contracts are enforceable against minors and those who lack mental capacity

By ensuring both groups are represented by guardians when entering into contracts

Question 25(1 point)

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Which of the following would NOT constitute property?

Question 25 options:

An insurance policy

Accounts receivable

A lease

A right of citizenship

Question 26(1 point)

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Substantive law can be defined as law that:

Question 26 options:

Governs the procedure to enforce rights, duties, and obligations

Defines rights, duties, and obligations

Law that governs relations between states and other entities with international legal status

Law that regulates the relationship between government and people

Question 27(1 point)

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What is the legal effect of a financing condition in an offer to purchase real estate?

Question 27 options:

The lender will be given control of the money needed to complete the deal.

There is no contract until the vender provides the seller with financing.

The lender must approve the price, deposit, and method of payment.

The transaction will not proceed unless the buyer's lender grants a mortgage.

Question 28(1 point)

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Which of the following is a duty required of an agent?

Question 28 options:

Reimburse the principal for out-of-pocket expenses.

Pay the principal for services rendered.

Abide by the terms of the agency agreement.

Indemnify the principal for agency business losses.

Question 29(1 point)

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Raphael saw Fabco Electronics Inc.'s ad in a newspaper advertising that the store had new laser printers for sale for the price of $75. Unfortunately, the store was sold out by the time Raphael arrived at the store with $75, and he now wants to sue Fabco for breach of contract, claiming he accepted their offer by arriving at the store and tendering his payment of $75.Why will Raphael's breach of contract claim be unsuccessful?

Question 29 options:

Because the store's ad did not constitute an offer to Raphael

Because the store was not able to actually supply him with a printer

Because the offer lapsed due to the passage of time

Because the offer expired when the store ran out of printers

Question 30(1 point)

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Mariam offered to sell her horse to Shia for $5,000, but Shia counter-offered with a price of $4,500. Mariam rejected Shia's counter-offer. What is the effect of Shia's counter-offer on Mariam's original offer?

Question 30 options:

Mariam's original offer is still available because she has not replaced it with a new offer.

Mariam's original offer is no longer available for acceptance because Shia's counter-offer is a rejection of the original offer.

Mariam's original offer is still available for acceptance until Mariam specifically revokes it.

The original offer is no longer available because it has lapsed.

Question 31(1 point)

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What is the legal term for the legal interest considered to be the closest to full ownership in real property?

Question 31 options:

Deeded title

Joint tenancy

Fee simple

Tenancy in common

Question 32(1 point)

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Sian has been named in a lawsuit alleging a large balance owed on an automobile lease. Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement. Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down. If Sian wants to avoid a default judgment and recover her losses, how should she proceed?

Question 32 options:

request for a pretrial conference

issue a request for discovery of documents

immediately file a defence and counterclaim

file a statement of claim based on her losses

Question 33(1 point)

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Which of the following is the proper definition of a partnership as set out in thePartnership Act?

Question 33 options:

A partnership exists only where two or more people enter into a written agreement to be partners.

A partnership is only created where the partners actually share the profits from a business.

Partnership exists where two or more persons carry on business in common with a view to make a profit.

A partnership exists where any business is carried on with a view toward profits.

A partnership is created where a corporation with shareholders is registered with the federal government.

Question 34(1 point)

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What is the name given to the rule that prevents an insured from collecting on insurance when the loss has resulted from the insured's willful misconduct?

Question 34 options:

Third party endorsement

Subrogation

Third party rider

Forfeiture rule

Question 35(1 point)

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Jasmine is the sole shareholder of FashionPlusYou Inc., which is planning to borrow $100,000 from the bank to finance a second store location. What is Jasmine's legal position should FashionPlusYou Inc. default on the loan?

Question 35 options:

She and the corporation are jointly and severally liable for the debt.

She and the corporation are not jointly liable for the debt.

She has no personal liability with respect to the debt.

She can be personally sued by the bank but only if FashionPlusYou Inc. defaults on the loan.

Question 36(1 point)

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Why would the owners of a successful business operation carry life insurance on the lives of its shareholder?

Question 36 options:

To offset the challenging costs of buying out a deceased shareholder's shares

To comply with the law's mandatory life insurance pertaining to shareholders

To ensure that the business doesn't suffer financial loss from business interruption

To offset any deficiency in the value demanded for the deceased's shares

Question 37(1 point)

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At what point will title to goods pass to the buyer when the contract involves the sale of future or unascertained goods?

Question 37 options:

When the goods are accepted by the buyer.

When the goods are unconditionally appropriated to the contract.

When the goods are delivered.

When the goods come into existence.

Question 38(1 point)

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Which of the following is a distinguishing characteristic of an unsecured debt?

Question 38 options:

The incidental feature of routineness.

The financing arrangements are formal and deliberate.

The absence of a security interest in the debtor's assets.

Loan must be advanced within a designated period.

Question 39(1 point)

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Martha's lawyer is not satisfied with the court's decision, so he is urging her not to accept it. What step in the litigation process is Martha's lawyer recommending she take?

Question 39 options:

settlement

adjudication

appeal

litigation

Question 40(1 point)

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Which of the following is an implication of the utmost good faith nature of insurance contracts?

Question 40 options:

The insured is a fiduciary to the insurer

The insured has a duty to disclose

The insurer may subrogate

The insurer is a fiduciary to the insured

Question 41(1 point)

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Which of the following is an advantage of incorporation?

Question 41 options:

Shareholders can veto the decisions of directors.

Shares are easily transferred.

There are no tax advantages as compared to a sole proprietorship.

Shareholders are liable for debts of the corporation.

Shareholders owe a duty to the corporation.

Question 42(1 point)

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Abby purchased a ring from an online vendor which unfortunately gave her a severe rash.The online description of the ring stated it was made of hypoallergenic materials. According to the Sale of Goods Act, why will the merchant likely have to accept the return of the product?

Question 42 options:

The buyer made the intended use known at the time of purchase.

The buyer relied on the description of goods by the seller.

Goods sold by description must correspond to the description.

The seller refused the opportunity to compare goods with a sample.

Question 43(1 point)

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A creditor has assigned a debt to a collection agency. As an assignee, the collection agency is not a party to the original contract and is therefore barred under the doctrine of privity from acquiring any rights to own the debt under it.

Question 43 options:

TrueFalse

Question 44(1 point)

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What is the policy rationale for contractual quantum meruit?

Question 44 options:

It is not the intention of the parties that goods or services are provided for free.

The parties' intention to impose a penalty should be upheld.

Parties who fail to document their contracts should nonetheless be bound by their promises.

The assistance provided by implied terms is sporadic and uncertain.

Question 45(1 point)

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Jemma wants to purchase a used Rolex watch from a pawnshop but is concerned the watch may have been stolen. Does the Sale of Goods Act imply any terms into the sale that may address her concerns?

Question 45 options:

No, this is a buyer beware situation.

Yes, it is an implied condition that the seller paid valuable consideration for the watch.

No, the Sale of Goods Act only applies to the quality and condition of the goods, not to the state of the title to the goods being sold.

Yes, there is an implied warranty that no third party will attempt to claim rights in the watch.

Question 46(1 point)

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Elise wants to invest in her sister Rayleen's business (Dressn'Up Clothing), but does not want to risk more than $20,000. Elise registers as a limited partner and then invests her $20,000 in the business. Every year Rayleen provides a financial statement to Elise, otherwise, Elise has nothing to do with the business. What type of partner is Elise in this business?

Question 46 options:

Limited Partner

General Partner

Limited Liability Partner

Question 47(1 point)

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Which of the following might prove that a contract was freely entered into by the parties?

Question 47 options:

Evidence there has only been presumed pressure, but not actual pressure

Evidence the weaker party received independent legal advice

Evidence that the terms of the contracts are fair

Evidence the contract was signed in the presence of a witness

Question 48(1 point)

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Arcand Industries has offered to sell a piece of equipment to XYZ Inc for $100,000 and has promised to keep its offer open until the last day of the month. What is Arcand's legal position in this situation?

Question 48 options:

The promise to hold the offer open is contrary to public policy and is unenforceable

Arcand is legally bound to keep its offer open until the last day of the month

The offer can be revoked before the last day of the month with the consent of Arcand

The offer can be revoked at any time by Arcand without legal consequence

Question 49(1 point)

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What is the term for an employee's deliberate failure to carry out lawful and reasonable orders?

Question 49 options:

Incompatible conduct

Willful insolence

Insubordinate conduct

Willful disobedience

Question 50(1 point)

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What is meant by the term "merchantable quality"?

Question 50 options:

The price paid determines the reasonableness of quality.

The value of goods corresponds with their description.

A reasonable quality, considering the description of the goods.

The value declared or known to the buyer at the time.

Question 51(1 point)

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Which legislature in Canada is composed of the House of Commons and the Senate?

Question 51 options:

the Parliament of Canada

the Legislative Assembly

the House of Assembly

the Supreme Court of Canada

Question 52(1 point)

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A customer who is injured in a fight in a bar, whose injuries were caused by being struck in the face with a broken glass by another customer, and by being struck in the face by the bouncer, can sue:

Question 52 options:

the bouncer and the other customer who threw the broken glass

The bar owner

The bouncer

All of these

The other customer who threw the broken glass

Question 53(1 point)

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Sarafel was disappointed to learn that she would be unable to plant a hedge along the front borders of her condominium townhouse property. In this instance, what is the ability to place conditions on ownership most strongly influenced by?

Question 53 options:

A restrictive covenant

Zoning regulations

Planning schemes

An encroachment agreement

Question 54(1 point)

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Although he was not really an agent and had no authority to do so, Gordon thought his employer would be delighted when he purchased a truck "on behalf of" his employer. Although the price was very reasonable, his employer now refused to ratify the contract. Which statement best describes the parties' liability under the contract?

Question 54 options:

The employer is solely liable under the doctrine of estoppel.

The employer is solely liable as an undisclosed principal.

Gordon and his employer are bound by the contract.

Gordon is liable as a result of the contract.

Question 55(1 point)

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If a customer slips and falls on the ice in a store's parking lot, the store may be liable for the tort of:

Question 55 options:

Assault

Aggravated assault

Nuisance

Trespass

Negligence

Question 56(1 point)

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Why is the distinction between employment and an independent contractor important?

Question 56 options:

An employer may be held responsible for torts committed by the employee

An employee can bind the employer in a contract he enters into on behalf of the employer.

Employees can withdraw their services

An independent contractor cannot be sure that she will be paid.

Question 57(1 point)

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Which of the following are exclusively areas of federal jurisdiction under the Canadian Constitution?

Question 57 options:

interprovincial trade and commerce, highway regulation, licensing

criminal law, administration of justice, hospitals

administration of justice, trade, education

currency, trade, national defence

Question 58(1 point)

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Graham has granted a cellphone company permission to erect a transmission tower on his property. What type of right has Graham granted?

Question 58 options:

A restrictive covenant

Joint tenancy

An easement

A lease