MCQs

Sadly, Jasper, who had a substantial life insurance policy that named his spouse Becky asbeneficiary, was killed in a car accident. AfterJasper's death, the insurance company tried to deny paying the insurance toBecky, claiming that Jasper had misled them at the time he applied for life insurance by failing to disclose apre-existing heart condition that only became evident when an autopsy was performed followingJasper's death. Becky knows that at the time Jasper applied for the insurance five yearsago, he would not have been aware that he had a heart condition. In thissituation, Becky

	1.	cannot sue because the only person able to sue is the policy holder - the husband - and he is now deceased.
	2.	will never win a lawsuit against a sophisticated business like an insurance company.
	3.	will be able to sue the insurance company because provincial insurance statutes recognize the equitable interests of beneficiaries like Becky and grant them the right to sue.
	4.	will be considered a party to the contract because spouses always have the exact contractual rights and obligations as each other.
	5.	will not have any legal status to sue the insurance company because of privity of contract

When and how did the use of a seal originate?

	1.	none of the above
	2.	In medieval times when few people could read or write, important covenants were read to the person by a cleric and the person would dip their coats of arms (worn on a signet ring) into the small pool of hot sealing wax at the bottom of the document thereby affixing their seal and adopting the document as his act and deed.
	3.	The method of signing and sealing important documents with hot wax and a seal originated in China and was brought to the West by the invading Huns. As they invaded on horseback, carrying pots of ink and quills was not practical. The hot wax was a much cleaner and easier to transport method and allowed business to continue to be conducted even from the road, mid invasion.
	4.	In the 1800s it became the fashion not to simply sign a document but to have a family coat of arms made and letters and documents sealed with this coat of arms instead as it conveyed status and importance. The person would dip their coats of arms (worn on a signet ring) into the small pool of hot sealing wax at the bottom of the document thereby affixing their seal and adopting the document as his act and deed. It originated as a fashion or fad that has simply stayed on for hundreds
	5.	In Ancient Egypt, thousands of years ago, when few people could read or write, important covenants were read to the person by a cleric and the person would dip their coats of arms (worn on a signet ring) into the small pool of hot sealing wax at the bottom of the document thereby affixing their seal and adopting the document as his act and deed. Only nobility had a coat of arms and therefore regular people were left without the capacity to contract.

Types and measurements of damages include:

	1.	Expectation, Consequential, General, Reliance, Punitive, Restorative, Liquidated, Gaseous and Nominal.
	2.	Expectation, Consequential, General, Reliance, Punitive, Restorative, Liquidated and Nominal.
	3.	Expectation, Consequential, General, Reliance and Punitive.
	4.	Expectation, Consequential, General, Reliance, Restorative, Liquidated and Nominal.
	5.	Expectation, Consequential, General, Reliance, Punitive, Liquidated and Nominal.

Manufacturers in Canada have which of the following defences to a product liability negligenceaction?

	1.	The product was in its original packaging.
	2.	Sometime between the production of the product and the consumer who was harmed by it, there was an intervening inspection or modification of the product.
	3.	The manufacturer assumed the person using the product in a normal manner contributed to his own damages.
	4.	None of the above.
	5.	The manufacturer has a waiver of liability agreement with the distributor of the product.

To establish negligence, a plaintiff must prove:

	1.	that, on the balance of probabilities, the defendent owed the plaintiff a duty of care, breached the required standard of care, that the plaintiff suffered injury or damage and the defendant's conduct caused the plaintiff's damage
	2.	that, on the balance of probabilities and beyond a reasonable doubt, the defendent owed the plaintiff a duty of care, breached the required standard of care, that the plaintiff suffered injury or damage and the defendant's conduct caused the plaintiff's damage
	3.	that, beyond a reasonable doubt, the defendent owed the plaintiff a duty of care, breached the required standard of care, and the defendant's conduct was the cause. If you prove causation, it is not necessary to prove damages or that any harm was suffered. It is the principle of the thing - that it happened at all - that matters.
	4.	that, beyond a reasonable doubt, the defendent owed the plaintiff a duty of care, breached the required standard of care, that the plaintiff suffered injury or damage and the defendant's conduct caused the plaintiff's damage
	5.	that, on the balance of probabilities, the defendent owed the plaintiff a duty of care, breached the required standard of care, and the defendant's conduct was the cause. If you prove causation, it is not necessary to prove damages or that any harm was suffered. It is the principle of the thing - that it happened at all - that matters.

The law of privacy balances

	1.	an individual's right to privacy against the individual's right to security.
	2.	the needs of society in a democratic state.
	3.	the needs of society and an individual's right to privacy.
	4.	the requirements of territorial privacy against those of personal privacy.
	5.	the needs of society and court decisions relating to privacy.