Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Can any experts provide me the correct answers for these questions Care must be taken to ensure that the agent is responsible to the principal

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed

Can any experts provide me the correct answers for these questions

image text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribedimage text in transcribed
Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding, employment insurance, workers compensation) and the requirement of proper notice or severance on termination. In short. the apent must be left free to manage his own business, 1. General duties of an agent include all of the following except for A) delegate ality of their duties to a third party (B) maintain the standards applicable to the performance of an agent in the particular industry or sector (C) account for any goods or money belonging to the principal (D) place the principal's interests first in all transactions subject to the agency agreement 3 (E) keep information obtained as an agent confidential WV 2. Which is correct about litigation? (A) parties with lawyers and arbitrator(s) making a binding decision for the parties (B) judgment (enforceability subject to jurisdiction) S (C) enforceable award/ decision (D) written agreement (may be enforceable in court if breached) Z (E) parties with representatives and arbitrator(s) making a binding decision for the parties 3. Which is not correct when considering designing licensing agreements in the United States and Canada? (A) arrangements in which the licensor and licensee make up more than 40 percent of the market (B) agreements for non-use or suppression of protected technology (C) arrangements that corner a market through acquisition or restrictive licensing (D) exclusive licensing arrangements that prevent the licensee from using competing technologies (E) arrangements in which the licensor and licensee make up more than 25 percent of the market 4. Which of the following statements is correct? 3000 (A) incoterms deal exclusively with the obligations of buyers and sellers and stipulate which party bears the risk of loss during transit (B) incoterms also address ownership and title transfer (C) generally speaking, the buyer/importer has more control where a D-term is chosen because this allows the importer to control, manage and track shipments themselves (D) incoterms covers liability clauses and damages that can result (E) they do not indicate what is included in the calculation of the purchase price 5. The common Alternative Dispute Resolution (ADR) methods are: (A) negotiation, mediation, litigation (B) negotiation, mediation, and arbitration (C) negotiation, litigation and arbitration (D) mediation and arbitration (E) negotiation and litigationIt is important that the principal maintain a relationship with the agent that is sufficiently "arin's length" to ensure that the agent Is an independent contractor and not an employee. Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities ( for example, income withholding, employment insurance, workers' compensation) and the requirement of proper notice or severance on termination. In short, the agent must be left free to manage his own business. 11. The purpose of Tort Law is: (A) punishment (B) shaming (C) transfer of ownership (D) incriminatin (E) compensation 12. The liability of an air carrier includes all items below except: (A) damage due to delay in the carriage of the cargo LL (B) period immediately after landing within the airport (C) when all necessary measures were taken to avoid the damage (D) damage sustained in the event of the destruction of, loss of, or damage to any cargo if the occurrence that caus the damage took place during the carriage by air ( E ) the preloading period X 13. Under Anglo-American law: (A) absolute immunity is recognized (B) restrictive immunity is recognised (C) there is no immunity recognized (D) immunity is granted when a state has been engaged in ordinary commercial activity. (E) none of the above 14. What is the usual starting point for outsourcing to providers? (A) Request for Proposal (RFP) (B) Invitation to tender (ITT) (C) Request for Information (RFI) (D) Pre-Quotation Qualifier (PQQ) (E) Call for Proposal (CFP) 15. All World Intellectual Property Organization (WIPO)-administered treaties fall into the following except (A) treaties that establish international protection (B) treaties that establish international border controls (C) treaties that facilitate international protection (D) treaties that establish classification systems and procedures for improving them (E) and (c) are correct =e principal maintain a relationship with the agent that is sufficiently arm's length" to ensure that the agent is an independent contractor and not an employee. Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding, employment insurance, workers' compensation) and the requirement of proper notice or severance on termination, In short. the agent must be left free to manage his own business. mich factor is not correct when registering a Trademark in Canada? trademark is associated deceptively misdescriptive in English or in French of the character or quality of the wares or services with which the 3 (B) primarily the name of a living person or a person deceased within the past 30 years (C) likely to be confused with any other trademark W (D) likely to be confused with a "prohibited" mark (E) the name in the English language of the product or services with which the trademark is associated S 17. Which of the following is not correct? (A) a contract may meet the usual requirements for enforceability, but be unenforceable due to a mistake; that is, X when the parties do not have the same objective in mind in agreeing to the terms of the contract (B) a breach of warranty or condition entitles an innocent party to walk away from a contract with no further obligation to perform alt (C) in common law countries, normally, only the parties to a contract may sue for breach of that contract (D) if one party has made a false or misleading statement in the course of the negotiation of a contract, the other par may have the right to have the contract set aside (E) a choice of law clause is a provision in a contract in which the parties specify that any dispute arising under the contract shall be determined by the law of a specific jurisdiction 18. Which is not correct when identifying the five grounds that a defendant may use to persuade a common law jurisdiction in Canada not to recognize and enforce a US based court decision? (A) lack of jurisdiction over the subject matter or the parties and/or lack of identity of the defendant (B) the judgment was procured by a fraud on the court (C) there was a failure of natural justice (D) judgement was produced by a lower circuit court (E) enforcement of the judgment would be contrary to public policy in Ontario 19. Which of the following is not correct when citing 'fair use' or 'fair dealing' in copyright laws? (A) copying for the purpose of criticism, review, or news reporting (where no source is given) (B) copying for the purpose of research or private study (C) copying for educational use (D) copying for use by libraries, museums, and archives (E) none of the above"arm's length" to ensure that the agent is an independent contractor Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding, employment insurance, workers compensation) and the requirement of proper notice or severance on termination. In short. the agent must be left free to manage his own business, A) notice principles found in the Privacy Directive Include the following except; (B) consent (C) access (D) security (E) privacy NO 7. Canadian courts have recognized and enforced publicity rights by: (A) common law only (B) statutory means only (C) civil law only A (D) common law and statutory means (E) civil law and statutory means 8. The perceived advantages of arbitration over litigation include the following except: (A) an arbitral award is more easily enforced in foreign countries than is a judgment (B) the rules governing admissibility of evidence are more flexible than those in litigation (C) an arbitration may be more private than litigation (D) arbitration is often faster than litigation (E) pre-trial discovery is broader in scope than it is in litigation 9. Which consideration below is not correct about the Office of the Privacy Commissioner of Canada's (OPC) p protection policies: Inspiron (A) the foreseeability of the risks (B) the cost of preventive measures (C) the status of the individual involved (D) the likelihood and extent of potential damage (E) the sensitivity of the personal information 10. Franchising is a form of: (A) outsourcing (B) agency agreement (C) foreign direct investment (D) licensing (E) joint ventureIt is important that the principal main "arm's length" to ensure that the agent is an independent contractor and not an employee. Care must be taken to ensure that the agent is responsible to the principal only for the end result of it's activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding, employment insurance, workers compensation) and the requirement of proper notice or severance on termination In short, the agent must be left free to manage Its own business. ENG a of the following is incorrect? can reasonably expect countries such as the US. Australia, New Zealand, Singapore, and India to have common w systems, as they all share a history of colonial ties to England (B) the civil law tradition is less prevalent around the world than is the common law system (c) we can reasonably expect Brazil and Argentina to have civil law systems W (D) the civil law and common law systems are growing more alike over time (E) all of the above E 25. The owner of confidential information has; (A) a monopoly right in the information D (B) an enforceable remedy for breach (C) retains ownership in perpetuity (D) ownership rights but only if indicated by a copyright symbol (E) none of the above. alt 26. Which of the following is true about confidential information: (A) is assignable and licensable (B) is not transferable (C) is always owned by the employee (D) is always owned by the employer (E) an employee can always take confidential information from place fo employment to their next place of employme 27. When are distributorships most common? (A) technology sector (B) standardized goods (C) no after-sales support is required (D) specialized products (E) no permanent location of the business is required/desired 28. The commercialization of intellectual property is also know as: (A) technology development (B) intellectual commercialization (C) commercialization of technology (D) intellectual transfer (E) technology transfersion of important provisions; and thority of the agent. . the failure to define the relationship clearly, including, most importantly, the actual au- It is important that the principal maintain a relationship with the agent that is sufficiently "arm's length" to ensure that the agent is an independent contractor and not an employee. Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee. with the consequent responsibilities (for example, income withholding, employme compensation) and the requirement of proper notice or severan agent must be left free to manage his own business. 29 Which is not correct as one of the five main sections that a licensing agreement would be type ENG the agreement? (A) defined terms (B) grant (C) description of the parties (D) use restriction (E) recitals 30. The common commercial reasons for appointing an agent and thereby increasing local participation in the target market include the following except: (A) a need to comply with particular local laws or regulatory regimes (B) a need for more committed and locally focused marketing of the product or service (C) a need for more local feedback in the development of the product or service (D) a desire to service the products in Canada (E) a need for more local sourcing of inputs or personnel for political or competitive reasons 31. Which of the following is correct? (A) in both the common law and the civil law traditions, there are five essential elements for a valid or enforceabl contract: intention; offer and acceptance; legal capacity; a legal purpose; and consideration (B) under common law, reciprocal promises do not have to be equal in value (C) civil law countries do not have a requirement that a contract be supported by consideration (D) the CISG is the least flexible as it demands several provisions for the terms of delivery in a valid offer (E) both (b) and (d) are correct 32. Which is not correct when considering presumptive connecting factors in Ontario? (A) the defendant is domiciled or resident in the province (B) a contract connected with the dispute was made in the province (C) the defendant is incorporated (D) the defendant carries on business in the province E) the tort was committed in the provinceThe agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding. employment insurance, workers compensation) and the requirement of proper notice or severance on termination. In short, the agent must be left free to manage his own business. LOMFO ENG en of the following is correct when following the CISG rules? me acceptance comeins additional or different terms that materially alter the terms of the offer, it will not is wective and will be considered a counter-offer "m allows either party to fix an additional period of time for the other to perform and thus covers a situation of failure of delivery or one in which unacceptable goods have been delivered (C) a proposal addressed to one or more specific persons is an offer if it is sufficiently definite and indicates the intention of the offeror to be bound (D) inspection of the goods and notice of any breach of contract are required (E) a contract of sale must be evidenced by writing and is not subject to any specific requirement as to form but may be proven by any means, including witnesses 34. Which is correct when a plaintiff has obtained a judgment in a foreign jurisdiction against a defendant in Canada? (A) a court proceeding, but not a full trial, in any Canadian province (B) a court proceeding, and a full trial, in the Canadian province in which the judgment is to be enforced (C) a court proceeding, and no trial, in the Canadian province in which the judgment is to be enforced (D) a court proceeding, but not a full trial, in the Canadian province in which the judgment is to be enforced (E) a court proceeding, and a full trial, in any Canadian province 35. PIPEDA, the federal privacy legislation, initially applied to personal information about customers or employees by federally regulated companies; in Ontario and several other provinces, it also applies to: (A) customer information of provincially regulated companies (B) financial information of provincially regulated companies C) employee information of provincially regulated companies D) organizations operating wholly within Quebec ) organizations that engage in commercial, for-profit activitiesthe failure to define the relationship clearly, including, most importantly, the actual au. thority of the agent. It is important that the principal maintain a relationship with the agent that is sufficiently "arm's length" to ensure that the agent is an independent contractor and not an employee Care must be taken to ensure that the agent is responsible to the principal only for the end result of its activities, not for the manner in which they are carried out. Extensive supervision of the agent's activities may result in the agent being considered legally an employee, with the consequent responsibilities (for example, income withholding, employment insurance, workers compensation) and the requirement of proper notice of severance on termination. In short, the agent must be left free to manage his own business 20. Which of the following statements is not correct? cJk (A) often in an international sale of goods, the original buyer never takes possession of the goods, but sells them subsequent purchasers (B) once property in goods passes with the delivery of a bill of lading, the buyer's right to reject the goods for defects is N lost (C) payment of the purchase price of goods is normally due when the documents conforming to the contract are W tendered to the importer or the importer's representative (D) failure by the exporter in a contract to present the relevant documents on time may entitle the importer to rescind S that contract (E) if goods are shipped and lost the seller is still entitled to tender proper shipping documents and claim the purchase price 21. Which is not correct: when Canadian courts exercise their jurisdiction in determining the patentability of an invention. (A) whether the employee was hired for the specific purpose of inventing (B) whether the employee was privy to confidential information (C) whether the problem solved by the invention was unrelated the problem that the employer directed the employee to solve (D) whether the employee was employed as a contract worker iron 15 3000 (E) all of the above 22. Which is not correct of the majority of BITs signed between developing countries in the Americas? (A) the host country must guarantee the free transfer of funds (B) contain rules on the definition of "investment" and "investor" (C) contain the territorial and temporal scope of the agreement (D) allowed to expropriate foreign investment as long as this is done on a non-discriminatory basis (E) address performance requirements such as a majority of locals in joint ventures, establishment in a specific loca and employment of local labour 23. Product liability is based on fault: (A) in all of Canada (B) in all of Canada except Alberta (C) in all of Canada except British Columbia (D) in all of Canada except Quebec (E) both (b) and (d) are correct

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access with AI-Powered Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Intermediate Microeconomics and Its Application

Authors: walter nicholson, christopher snyder

11th edition

9781111784300, 324599102, 1111784302, 978-0324599107

Students also viewed these Law questions