Diane is renovating her kitchen so she can host all her business law team for weekly dinners. Due to the shopping restrictions of covid-19 she orders a new refrigerator online. She accurately measured the area between two sets of cupboards where the refrigerator will be placed and chooses one which matches the dimensions. When the refrigerator arrives, it is much smaller than the dimensions stated in the online ad. Which condition implied by the Sale of Goods Act has been breached by the seller?

a.It is not fit for the purpose purchased

b.It does not match the sample provided

c.It does not match the description

d.It fits in the opening and therefore there is no breach of contract

e.There is no breach of an implied condition

Happy Women Inc., a company created by Tanecia to advise companies on building a positive corporate culture, became very successful over its ten-year history. The company was run by Tanecia, as president, and three vice-presidents (Jon, Saran, and Colton) who made up the executive board. At their last meeting, Tanecia announced that she had confidential information to share with them, namely, that she wanted to do her MBA and as a result, she was withdrawing from active management for a period of 2 years and she would transfer her responsibilities to Saran. Colton repeated this information to others, and by doing so, he caused the company to lose a lucrative contract being negotiated. On these facts, which of the following is true?

a.Colton owes no fiduciary duty to the company as an officer of the company.

b.A non-disclosure provision is required from Jon, Saran and Colton. Tanecia putting the members of the executive on notice that they were expected to keep the information confidential is not sufficient to bring action.

c.In law, there can be an no action against Colton because he is viewed as a really great team member and liked by everyone.

d.The company would have an action against Colton because it is a commercial enterprise that suffered a loss because he breached his fiduciary duty to the company.

e.Colton cannot be sued since the information disclosed by Tanecia was of a personal nature and not related to the business and did not deal directly with the business.

Which of the following statements about the distinction between an employee and an independent contractor is incorrect?

Ben owned a 10-hectare property in Langley. He subdivided the land into two 5-hectare lots. He decided to keep lot A for himself and to sell lot B. His friend and neighbour, Nadia, wanted lot B, so they made the following deal: for lot B, Nadia would give Ben $100,000, her car, a right-of-way of 3 meters along the east side of lot B to provide access to the highway, her promise not to remove any of the cedar trees (a row of which benefits lot A by blocking the view of a factory) and her promise to plant a 5-metre-long laurel hedge to block his view of her driveway. All promises were registered on title. Which one of the following is true?

Select one:

a.This kind of deal for land is not possible because it is too complicated.

b.Nadia would have to comply with all the terms of this contract except for the part about the laurel hedge, because that is a positive covenant.

c.With regard to the right of way, lot B is the dominant tenement and lot A is the servient tenement.

d.If the right-of-way is properly registered in the land title office, it would bind subsequent purchasers of either lot A or lot B even though they were not privy to the original contract.

e.If Nadia sells lot B to Blair, Blair could cut down the cedar trees because the promise was part of the contract between Ben and Nadia, to which Blair was not privy and which does not affect him.

Which of the following statements about the distinction between an employee and an independent contractor is incorrect?

a.Employees are easier to control than contractors

b.Independent contractors can work for many people at the same time

c.Only employees are agents of their employers

d.Independent contractors can keep their profits

e.Independent contractors provide their own tools and set their own schedules

Shareholders are the ______________ of a corporation, whereas mortgage holders are the _______________ of a mortgagor.

a.Owners; Creditors

b.Creditors; Owners

c.Owners; Trustees

d.Officers; Directors

e.Directors; Creditors