Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created a computer virus that would erase key accounting data if Maxine's name was removed from the payroll. This is a crime under the Criminal Code. If Maxine is caught, she will be ...

Question 1 options:

sued by the Crown because the Code is private law.

prosecuted by the Crown because the Code is public law

sued by her employer under the Criminal Code because it is a civil law matter.

sued by her employer under the Criminal Code because it is a private law matter.

Question 2(1 point)

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Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel.

Question 2 options:

Alice could successfully argue that she had written the letter in good faith and only said what she honestly believed to be true.

Even if what Alice said was true, Claire will win since, if she was not willing to write only positive things, Alice should have declined to write at all.

Unless Alice can prove the truth of what she wrote, Claire will win.

Alice could successfully raise the defence of absolute privilege

Question 3(1 point)

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Lex and Clark don't get along. They meet at the office of a local newspaper and tensions rise. When Lex says "I am going to hit you!" and immediately smacks Clark on the cheek, resulting in a cut, he has ...

Question 3 options:

Committed the tort of negligence.

committed the tort of assault

committed the tort of battery

committed the torts of assault, battery and negligence.

committed the torts of assault and battery

Question 4(1 point)

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Luke delivered a shipment of light bulbs to Lando. Lando didn't yet pay for them, but promised that payment would be made shortly. Unfortunately, Lando was deeply in debt and was forced into Bankruptcy by several of his creditors. Obviously, Luke doesn't want to lose money on the deal and goes to his Lawyer (Leia) for advice. She says that an unpaid supplier of goods who is an unsecured creditor, but can identify the goods supplied out of the inventory of a commercial bankrupt is entitled to reclaim the goods if the supply was made

Question 4 options:

within the 30 days preceding the bankruptcy

within the 45 days preceding the bankruptcy.

within the 15 days preceding the bankruptcy.

within the 60 days preceding the bankruptcy

Question 5(1 point)

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Jack, a 17 year old, drops in at a Great Buy store to purchase an Xbox on an installment payment plan.A week later, Jack, after playing games on a new Nintendo, wants to return his Xbox to Great Buy and cancel the contract.What is the legal status of Jack's agreement with Great Buy?

Question 5 options:

Since the agreement provides a benefit to Jack, it is a valid contract which Great Buy can enforce against Jack's parents since he is a minor

Since Jack is a minor and the Xbox is not a necessary of life, either Jack or Great Buy may void the agreement

Since Jack is over 16 years of age neither he nor Great Buy can cancel the contract and he is legally bound by the agreement

Since Jack is a minor and the Xbox is not a necessary of life, Jack may cancel the agreement, but Great Buy cannot

Question 6(1 point)

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In the contract of sale of Jones' house to Greenwood, no particular method of payment was specified. Greenwood's lawyer has heard rumours that Jones got a much better offer after he signed the deal with Greenwood, and, from the attitude displayed by Jones recently, Greenwood's lawyer thinks Jones may be hoping the deal will fall through. Greenwood ...

Question 6 options:

should make sure he has cash for the full amount on the date of closing

should make sure that, if he has a personal cheque for the full amount, it is accompanied by a banker's letter guaranteeing the funds are there.

should make sure he has a certified cheque for the full amount on the date of closing

need not worry about how payment is made since, as long as it is the exact amount, Jones cannot legally refuse any mode of tender, provided that the contract did not stipulate a particular mode.

Question 7(1 point)

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Rick is thinking about getting into a contract with Negan Inc. He was talking to Glenn (Negan Inc.'s Vice President) who offered him very favorable contract terms. Rick is unsure as to whether he can rely on what Glenn is telling him, but Maggie (his lawyer) said that there should be no problem because a person may rely on the acts of the officers of a corporation without inquiry by virtue of...

Question 7 options:

the doctrine of constructive notice.

the doctrine ofultravires.

the doctrine of promissory estoppel

The indoor management rule.

Question 8(1 point)

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Rick has agreed to sell a shipment of cowboy hats to Walker Inc. He deliver the hats to Walker's warehouse on April 1st and the company promises to pay Rick later that month. Rick noticed that the warehouse was completely empty except for his shipment. Walker Inc. is petitioned into bankruptcy on April 15th and does not pay Rick for the goods. Which of the following is true?

Question 8 options:

As an unpaid supplier, Rick may reclaim identifiable goods that were delivered within 30 days of the bankruptcy proceedings.

As an unpaid supplier, Rick should immediately sue for payment

As an unpaid supplier, Rick has no rights and should write off his losses immediately.

None of the above

All of the above

Question 9(1 point)

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Logan purchased a small business from Charles Xavier for $300,000. To pay for the purchase he borrowed $250,000 from the Magneto Bank.

He expected the business to do very well and made various purchases by charging them to his credit card. Very quickly, he built a $24,000 credit card debt. He soon maxed out his credit card, but still wanted to purchase a few more additional items for his home, so used his Line of Credit to do so. Very quickly, the debt on his Line of Credit grew to $15,000.

His 2003 Honda Civic started to give him problems, so rather than repair the car he decided to purchase a new Tesla. He financed this purchase with a $60,000 loan from X-Men Auto Financing.

Before the end of the year, business started to go badly and he was earning very little revenue. He had trouble making payments to his creditors. To deal with this cash flow issue, he paid his mortgage regularly, but only made sporadic payments to the auto financing company and on his Line of Credit and credit card debt.

This did not solve his money problems and feared that he would soon go bankrupt. To minimize his losses, he sold his car for cash and put half of the money in a bank which is located in another province and the other half he transferred to his wife. A few days later, he bought 2 one way tickets to Wakanda and made plans to move there. His creditors immediately attempt to petition him into Bankruptcy.

Which of the following is true?

Question 9 options:

a. As he has not voluntary assigned himself into bankruptcy, his creditors will have to wait for him to voluntarily pay his debts.

b. He is legally married. As such, he can transfer whatever he wants to his wife without issue.

c.He has committed some Acts of Bankruptcy, but not enough to be petitioned into Bankruptcy.

d. As he owes more than $1000 and has committed an Act of Bankruptcy within the last 6 months, he may be petitioned into Bankruptcy.

e. Both A & C

None of the above

Question 10(1 point)

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Lisa and Christina own homes on properties next to each other. There was no visible boundary between the properties. Neither remembered where the property division was. Christina noticed a diseased tree in between the properties. She said to Lisa, "the tree is on your land. If it causes any harm to my property, I will sue you. You'd better cut it down before it causes damage to my home." This alarmed Lisa and she immediately hired a company to cut down the tree and thus removed the afternoon shade to Christina's home. Later, it was shown that the tree was in fact on Christina's land (not Lisa's). Christina is enraged and sues for damages. Which of the following is correct?

Question 10 options:

Christina cannot be successful because of Chronological Estoppel

Lisa can claim Promissory Estoppel

As Lisa did not know it was on Christina's land, she cannot be found liable

Lisa is liable due to the principal of Bagosian Equitable Estoppel

Question 11(1 point)

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On a cold winter's night, Diana's home furnace broke down. Her pipes froze and burst. Her basement was flooded. Panicked, Diana called Steve (from Trevor's Plumbing) to immediately come to the house. Steve got there an hour later and fixed the leak. The next day, Diana received a bill for $300 from Trevor's Plumbing. She refused to pay.

Question 11 options:

Even though no price was discussed, she needs to pay but she can set the price

As no price was discussed, she does not need to pay

Even though no price was discussed, she needs to pay and Trevor's plumbing can set whatever price it wants afterward

Quantum Meruit would apply and she must pay a reasonable price for the service

Question 12(1 point)

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Which of the following items are protected by Copyright?

Question 12 options:

Inventions, Medications, Machinery.

Logos, Tradenames, and marketing symbols.

Music, Paintings, Books, Sculptures

All of the Above

None of the Above

Question 13(1 point)

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Which of the following are protected by Trademark?

Question 13 options:

Inventions, Machinery, Medications

Logos, Trade names, Marketing Symbols

Paintings, Books, Sculptures, Photographs

all of the above

none of the above

Question 14(1 point)

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One afternoon you find a notebook filled with incomprehensible mathematical notations outside the Faculty of Business building and, realizing that it belongs to a professor in the Philosophy Department whose name is on the cover, you put it under the door of her office with a note telling him that you found it. That night, on the eleven o'clock news, you see an interview with the professor who is telling the reporter that she has lost the notebook in which she had worked out the meaning of life, and you hear her offer $10,000 for its safe return. Can you successfully claim the reward? In the context of Contract Law, which of the following is true?

Question 14 options:

The $10,000 was valid consideration that you could successfully claim.

The TV interview was a valid offer and by returning the book you have accepted it.

The TV interview was an invitation to Treat

The return of the notebook was a gratuitous gesture. There was no consideration. There is no valid agreement

Question 15(1 point)

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Andrea operates a toy store next to a residential area. Young neighbouring children liked to use the parking lot as a playground. Andrea regularly ordered them off of the property as she was afraid that they would be hit by a car. Several times, a six year old boy climbed over the fence to Andrea's property and climbed to the top of the toy store's roof. Andrea regularly told him to leave and stop climbing to the roof, but he kept coming back. One day, while Andrea was away, the boy climbed to the roof and fell becoming badly injured. Is Andrea liable?

Question 15 options:

The boy is a Trespasser. Andrea can never be responsible for the injury.

As the boy is a Licensee of the store, Andrea is responsible for his well being

Andrea was required to construct gates that the child could not climb

The boy is a Trespasser. Andrea can only be held liable if she deliberately trapped or injured the child.

Question 16(1 point)

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Peter Parker is food delivery driver. He and Mary Jane Watson enter into a contract for him to deliver shoes for her company. This agreement is set to commence on September 1^stand last until November 15^th. Mary Jane was to pay Peter $200 per day while he was delivering her goods. At first, Peter was really happy to have entered into the agreement. However, when he calculated the profits he soon realized that $200 was too little and that he would lose money if he fulfilled his side of the agreement. On August 30^th, he informed Mary Jane that he would not be making deliveries for her. Mary Jane was desperate and begged him to reconsider. She said, "Think about it until tomorrow. Don't make any decisions until we meet again tomorrow." He agreed. That night, Peter parked his delivery truck in his company's garage. At 2am, a major fire broke out and his truck was destroyed. He learned of the fire at 9am on August 31^st. As he is no longer capable of making the delivery, he immediately contacted Mary Jane and notified her that he would not be making any deliveries on September 1^st. She is outraged and sues him for breach of contract.

Which of the following is true?

Question 16 options:

The fire is not Mary Jane's problem. Peter should have an extra vehicle in case of problems like this

Mary Jane must wait until September 1^st. She can sue him for Breach of Contract after that day.

Mary Jane can sue him immediately when he tells her that he will not be completing the agreement

As this was something that occurred that was beyond their control, unpredictable at the time of the agreement, and renders the contract impossible to fulfill Peter can claim that the contract is frustrated

Question 17(1 point)

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Peter Parker is food delivery driver. He and Mary Jane Watson enter into a contract for him to deliver shoes for her company. This agreement is set to commence on September 1^stand last until November 15^th. Mary Jane was to pay Peter $200 per day while he was delivering her goods. At first, Peter was really happy to have entered into the agreement. However, when he calculated the profits he soon realized that $200 was too little and that he would lose money if he fulfilled his side of the agreement. On August 30^th, he informed Mary Jane that he would not be making deliveries for her. Mary Jane was desperate and begged him to reconsider. She said, "Think about it until tomorrow. Don't make any decisions until we meet again tomorrow." He agreed. That night, Peter parked his delivery truck in his company's garage. At 2am, a major fire broke out and his truck was destroyed. He learned of the fire at 9am on August 31^st. As he is no longer capable of making the delivery, he immediately contacted Mary Jane and notified her that he would not be making any deliveries on September 1^st. She is outraged and sues him for breach of contract.

In looking at this situation, this is an example of...

Question 17 options:

Implied Repudiation

Promissory Estoppel

Frustration of Contract

Express Repudiation

Question 18(1 point)

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"Ninja Radio" 98.6 FM wanted to set up a remote event in a provincial park for Canada Day Weekend. The provincial park commission approved the plan subject to a $5200 payment which included a $2000 for the park event permit, $1,200 for the sanitation charge, a $1,500 beer/wine special occasion permit, and a $500 Broadcasting permit. Legally, how much can the Provincial Park charge Ninja Radio?

Question 18 options:

$4700 as the Provincial Park does not have the authority to issue a Broadcasting Permit. It is out of the Province's jurisdiction.

$0 as the Provincial Park does not have the authority to issue any of these charges

$4000 as the fees are simply too high to be fair.

$5,200 if Ninja Radio agrees to the fees as they have the right to set the fees for these types of events and enter into an agreement.

Question 19(1 point)

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Shareholders of corporations are not liable to third parties for debts incurred by the business operated by the corporation because...

Question 19 options:

the directors always take the fall for such debts

shareholders take out insurance to cover such liabilities

shareholders are not involved in the general operations of the business, but remain in the background

the corporation is a separate legal entity from the shareholders

Question 20(1 point)

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Which of the following statements about partnershipsis false?

Question 20 options:

All Ontario limited and limited liability partnerships must be registered with the provincial government

A written partnership agreement is necessary to form a general partnership

without a partnership agreement, the death of any partner in a general partnership will result in the dissolution of the partnership

both sole proprietors and partners in a general partnership have unlimited liability for business debts

Question 21(1 point)

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In a limited partnership the limited partners...

Question 21 options:

have no assets exposed to third parties for any liabilities incurred by the partnership business

have their personal assets exposed to third parties for any liabilities incurred by the partnership business

have only what they invested in the partnership business exposed to third parties for any liabilities incurred by the partnership business

have their personal assets exposed to third parties for any liabilities incurred by their personal negligent conduct, but are limited otherwise to what they invested in the partnership business

Question 22(1 point)

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Which of the following isNOTa preferred creditor under theBankruptcy andInsolvency Act?

Question 22 options:

The trustee in bankruptcy

The federal government

Banks for the balance owing on loans

Landlords for three months arrears of rent

Question 23(1 point)

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"Due Diligence" in the environmental law context

Question 23 options:

is one of the defences which a party charged with an environmental offence may use

would be satisfactorily proven where company officials have issued directives to management to establish careful storage procedures for potential contaminants

requires ongoing monitoring by the company's directors to ensure that management is complying with the directives set out

is part of the environmental assessment process to determine whether a certain activity has the potential for causing environmental damage

All of the above

None of the above

Question 24(1 point)

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Under the Common Law of environmental nuisance

Question 24 options:

a defendant may successfully claim that the nuisance is a benefit to the public thereby eliminating liability

a defendant may use the defence that it used all necessary care and skill to prevent the nuisance from occurring.

a defendant may successfully use the defence that it existed with its offending activity before the plaintiff came to the nuisance

a defendant may not argue that its actions do not constitute nuisance because other entities independent of it are also engaged in the same activity

all of the above

none of the above

Question 25(1 point)

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Kirk runs Trek Inc. He has been doing business in Canada for several years. Trek Inc. manufactures Flux Capacitors for the growing clean energy trend. He wishes to expand into the European market. He is concerned about the expansion and is unsure of the proper method of establishing the company abroad. He is thinking of contacting a European company to assist in this expansion. How may an ongoing relationship for the distribution of goods be structured?

Question 25 options:

a. Foreign Distribution Agreement

b. Creation of a Foreign branch plant or sales office

c. Joint Venture agreement

d. Licensing of Patents

e. Both A and B

f. All of the above