1. Nino Rota bought a house from Arthur Fiedler.There was a shed on the property, but it was not mentioned in the agreement of purchase and sale.When Nino closed the deal and moved in he saw that the shed structure had been removed by Arthur and only the foundation remained.Which of the following statements is TRUE?

Nino had a right to the shed because it is part of the land.

Nino had no right to the shed because it was not mentioned in the agreement of purchase and sale.

Nino had no right to the shed because it was removed from the land prior to her moving in.

Nino had a right to the shed because its inclusion was an implied warranty of the agreement.

Nino had a right to the shed because its inclusion was an implied condition of the agreement.

1 points

QUESTION 2

1. If you were applying for a mortgage and the Bank offered you a mortgage for a 5 year term and gave you a choice of a 5 year or a 15 year amortization period, you would choose the:

5 year amortization period because it is important that the term of the mortgage and theamortization period be the same;

15 year amortization period because you want to pay off the mortgage as quickly as possible;

15 year amortization period as you want to keep your monthly mortgage payments as low as possible;

5 year amortization as it provides you with the right to refinance the mortgage in 5 years' time.

1 points

QUESTION 3

1. In 1920, Christina Rose and Elizabeth Cardinal co-authored a book of poetry. Christina died in 1960 and Elizabeth in 1972. In which year did/will the copyright in the book expire?

1972

Never

1960

2010

2022

.

1 points

QUESTION 4

1. Which of the following would constitute trademarkinfringement?

use of another mark which is likely to cause confusion in the minds of the public as to the

source of the goods;

use of another mark which resembles the trademark;

use of another mark which does not resemble the trademark;

all of the above;

none of the above.

1 points

QUESTION 5

1. Which of the following intellectual property rights could be used to protect the secret formula for a new type ofbeer:

industrial design;

trademark;

confidential information;

copyright

it is against public policy to protect the formula for any alcoholic beverage.

1 points

QUESTION 6

1. Robert Jones wanted someone to work along with him in his sporting goods store for six months and hired Jose Molino to do this.Robert prepared a written contract which Jose signed and which stated that Jose was an independent contractor.Three months after Jose started working with Robert their relationship deteriorated and Jose insisted that that he was in fact an employee and entitled to all the benefits that law gives to employees. Robert disputes Jose's claim of being an employee and reminded him that the contract provided that he was an independent contractor. If Jose commences legal action against Robert with respect to his employment status and entitlements, which of the following statements will best describe the legalposition?

The court will automatically conclude that Jose is an employee as he is working in a store

and is not an independent professional;

The entire contact will be set aside where it is established that it is unfair to Jose;

The court will conclude that Jose is an independent contractor as he did not insist on any employment benefits at the start of the employment;

The court must respect the classification placed by the parties on their relationship as they have freedom of contract;

The label placed by the parties on their relationship will not be definitive and the court will use various legal tests to ascertain the true position.

1 points

QUESTION 7

1. Under what circumstances can a shareholder share in assets of thecompany:

When all monies owed to the company has been repaid;

Upon the presentation of a creditor's petition for the winding up of the company;

When the company has been wound up and there are assets remaining after all creditors

have been paid;

When the company has been dissolved;

When the directors declare a dividend.

1 points

QUESTION 8

1. Harry orally agrees to pay Michael $1,000 for him to threaten Norman with physical harm to collect the $25,000 that Norman owes Harry. If Michael sues to enforce the promise, which of the following will betrue:

The agreement is not enforceable because it is not for a legal purpose;

As the agreement was made orally it is not enforceable;

Michael will not be able to enforce the agreement unless he can show that he has performed his side of the bargain;

The agreement is fully enforceable;

The agreement will only be enforceable if Michael can use independent witnesses to prove the existence of the contract.

1 points

QUESTION 9

1. When can an offer be withdrawn orrevoked:

If cannot be withdrawn if it is marked "irrevocable";

No less than 10 days after it has been communicated to the other party;

No less than 10 days after it has been made;

At any time before it has been accepted;

No less than 5 days after it has been made.

1 points

QUESTION 10

1. Which of the following will be most useful to a court in determining the standard of care in a case in which professional negligence has beenalleged:

the opinion of a witness;

evidence from a law professor ;

evidence from another qualified person in the same field;

a text book;

none of the above.

1 points

QUESTION 11

1. The Federal Government does NOT have the power to pass thelaw.

To allow the governments of Canada to make changes to the constitution;

To decriminalize the possession of marijuana;

To allow for the protection of human rights in Canada;

To allow for federal government to pass environmental legislation;

To allow the Federal Government to make laws for the Peace Order and Good Government of Canada.

1 points

QUESTION 12

1. Which of the following statements is NOT true:

Mediation and arbitration are forms of alternative dispute resolution;

Arbitrators and mediators are both neutral third parties;

Arbitrators and mediators both render binding decisions;

Arbitration awards are generally enforceable by the Courts;

Mediators try to assist the parties in negotiating a settlement.

1 points

QUESTION 13

1. Which of the following remedies is available formisrepresentation:

rescission;

declaration.

specific performance;

injunction;

all of the above.

1 points

QUESTION 14

1. To which of the following torts is the concept of a duty of care an essential legalelement:

malicious prosecution

nuisance

negligence

trespass

false imprisonment.

1 points

QUESTION 15

1. In which of the following circumstances can trademark protection belost?

where the trademark owner has been convicted of theft;

where the trademark is no longer capable of distinguishing one person's goods or services from those of others;

where the trademark owner is insolvent;

where the trademark has not been used within one week of being registered;

Where the person who registered the trademark has died.

1 points

QUESTION 16

1. Joshua is a Director of Great Lakes Limited, a company that manufactures sporting equipment. At one meeting of the Board of Directors, Joshua was informed about some of the company's plans to expand its operations in a new product line. Armed with this information, Joshua started his own company which manufactured and sold the same products that Great Lakes had planned to commence manufacturing thereby capturing the initial market.Which of the following statements iscorrect?

As Joshua did not steal the information from confidential files, he is free to use it;

By starting his own company on the basis of information learnt at the meeting, Joshua has breached a fiduciary duty owed to Great Lakes.

Joshua has not breached any duty owed to Great Lakes as any person is free to take advantage of a new business opportunity;

Joshua does not owe any duties to Great Lakes

Joshua is free to use the information unless he signed an agreement not to compete.

1 points

QUESTION 17

1. In which of the following circumstances would the Charter NOTapply:

The Federal Government has passed a law making it an offence to criticize the Prime

Minister;

A new provincial human rights code does not allow atheists to file complaints that they have been discriminated against because of their beliefs;

The City of Toronto has passed a bylaw which provides for unequal rates of pay for men and women;

A restaurant refuses to hire male waiters;

The Charter would apply in all of these cases.

1 points

QUESTION 18

1. Which of the following torts are potentially committed by a bank which pays on a fraudulent cheque even though it could not reasonably have known of or discovered thefraud:

fraud

conversion

trespass

C and E

negligence.

1 points

QUESTION 19

1. Which of the following is a basis for bringing an action for damages based on product liabilityprinciples:

duty to warn

defects in the manufacturing process

unforeseen risks

all of the above

A and B.

1 points

QUESTION 20

1. What is the name given to laws passed by agovernment:

stare decisis

equity

statute

canon law

common law.

1 points

QUESTION 21

1. In which of the following Canadian provinces is the legal system based upon a civil code system rather than the common law:

New Brunswick

British Columbia

Newfoundland and Labrador

Ontario

none of the above.

1 points

QUESTION 22

1. Negligent misrepresentationis:

an incorrect statement made with due care for its accuracy;

an incorrect statement made without due care for its accuracy;

a correct statement made with due care for its accuracy

all of the above.

1 points

QUESTION 23

1. Tom was successful in recovering damages for wrongful dismissal against his former employer. Thisnecessarilysuggests that:

The employer did not abide by the principles of theEmployment Standards Act;

Tom breached a fundamental term of his employment contract;

The employment contract was terminated without just cause;

The employment contract was terminated for cause;

The employer breached his human rights.

1 points