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NCR is an Ontario-based business that manufactures hockey equipment and trains hockey instructors. It enters a contract to train hockey instructors in New Zealand (a

NCR is an Ontario-based business that manufactures hockey equipment and trains hockey instructors. It enters a contract to train hockey instructors in New Zealand (a CISG signatory) where the sport is becoming popular. Which statement is most accurate?

a.

The CISG does not apply since this is not a contract for the sale of goods.

b.

The CISG applies automatically to this contract.

c.

The CISG does not apply because this contract is not an international contract.

d.

The CISG does not apply to contracts relating to sports.

1 points

QUESTION 2

HeartTech Inc. is a US company that has developed software and a wearable device for specialized heart monitoring. Its best known wearable product is a bracelet used for heart monitoring called "HeartTech Fit" and has a double heart logo. HeartTech would like to expand its business into new markets.

Artistic Activewear Corp. is a Canadian company that manufactures innovative activewear and sports clothing. Artistic Activewear would like to incorporate HeartTech's software and technology into a new sport t-shirt that monitors the wearer's heart rate while they are exercising. The new t-shirt would have the HeartTech double heart logo on the pocket. Due to the significant investment required to design and manufacture the t-shirts, Artistic Activewear would like to be the only company selling these t-shirts in Canada.

To set up this arrangement, which of the following provisions should be included in the contract between HeartTech and Artistic Activewear:

a.

A software licence, whereby Artistic Activewear pays a license fee to HeartTech for the right to use HeartTech's software.

b.

A trademark license, whereby Artistic Activewear pays a royalty to HeartTech for the right to use the HeartTech Fit double heart logo.

c.

An exclusivity right for Artistic Activewear to be the only seller in Canada.

d.

All of the above.

1 points

QUESTION 3

Under Canadian competition law, it is an offence for a corporation in Canada to participate in a conspiracy directed by a person or business outside of Canada. This rule:

a.

Allows Canadian competition authorities to reach an offshore-directed conspiracy without needing to enforce Canadian law outside of Canada.

b.

Allows Canada to prohibit abuse of dominant position.

c.

Allows Canada to meet its WTO obligations.

d.

Allows Canadian laws to be enforced outside of Canada.

1 points

QUESTION 4

If mediation or conciliation is chosen as a form of dispute resolution, it will be:

a.

Not available in international disputes.

b.

A mandatory process

c.

Binding on all the parties

d.

A voluntary process

1 points

QUESTION 5

Paul's Plaids ("PP"), a Canadian flannel shirt manufacturer, hired Rosie to act as its agent in Australia. Under Rosie's agreement with PP, she is only authorized to enter into contracts with a value of Cdn $50,000 or less. PP has not done anything to tell the customers about this limit so potential customers are unaware of this restriction. Rosie negotiates a contract for a sale of Cdn $100,000 worth of plaid shirts with a Sydney department store, and signs the contract on behalf of PP. Is PP bound by the contract to sell $100,000 worth of plaid shirts?

a.

Yes, because Rosie showed apparent authority to enter into the contract and PP did nothing to make the customer aware of her actual authority.

b.

No, because Rosie did not have actual or apparent authority.

c.

No, because Rosie was not authorized to enter into contracts for this amount.

d.

Yes, because Rosie had actual authority to enter into the contract.

1 points

QUESTION 6

The CCH Canadian Ltd. v. Law Society of Upper Canada case established the principle that:

a.

The fair dealing exception applies to research conducted by lawyers using the library.

b.

Material produced by publishers such as CCH is not original enough to be protected by copyright.

c.

Customers who copy material from library books for legal research are violating copyright law.

d.

Libraries are responsible for copyright infringement conducted by customers using library copier machines.

1 points

QUESTION 7

A Canadian patent cannot be infringed by activities that take place outside Canada.

True

False

1 points

QUESTION 8

HeartTech Inc. is a company that has developed software and a wearable device for specialized heart monitoring. Artistic Activewear Corp. is a company that manufactures innovative activewear, sports clothing and other wearables for a healthy lifestyles. The owners of the 2 companies meet at a trade show and discuss ideas how they could collaborate.

If they were to set up a new sports equipment business where HeartTech and Artistic Activewear 1) would each have 50% of the shares; 2) contribute various assets, including the technology by HeartTech and the design and manufacturing of the shirts by Artistic Activewear and 3) share equally in the profits of the company. This would likely be considered to be:

a.

A joint venture.

b.

An agency agreement.

c.

A limited partnership.

d.

A distributorship.

1 points

QUESTION 9

Which of the following is not an advantage of a franchise?

a.

The franchisee gets business advice from the franchisor.

b.

The franchisee is able to sell a known, popular product or service.

c.

The franchisor provides advertising and marketing support.

d.

The franchisee can be creative in terms of store design and marketing.

1 points

QUESTION 10

Which of the following business strategies would likely include a licensing agreement?

a.

distributorship

b.

joint venture

c.

foreign direct investment

d.

a and b only

e.

all of the above

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