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Question 30(1 point)

Felicia purchased a medical practice and is looking for another investor.Felicia's friend Louise (who is also a medical doctor) is interested in forming a partnership.Although each doctor is comfortable being a partner in the business, both Felicia and Louise want to ensure that they are liable only for their own torts. Louise invests $380,000 in the partnership after filing the required paperwork. What type of partner is Louise in this business?

Question 30 options:

Limited Liability Partner

General Partner

Limited Partner

Question 31(1 point)

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A lawyer is arguing that a promoter hosting a public New Year's social is liable in tort for negligence causing injury and loss to his client. Which argument most likely offers the strongest support for the claim for damages he is presenting to the court?

Question 31 options:

Occupiers have a moral obligation to keep the premises safe

The promoter failed to provide a safe environment

The promoter should assume both physical and legal risks

The promoter advertised the event.

Question 32(1 point)

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Substantive law can be defined as law that:

Question 32 options:

Defines rights, duties, and obligations

Law that regulates the relationship between government and people

Governs the procedure to enforce rights, duties, and obligations

Law that governs relations between states and other entities with international legal status

Question 33(1 point)

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Which of the following statements is correct with respect to remedies for wrongful dismissal?

Question 33 options:

Damages payable to the employee are based on what the employee would have received had he been given reasonable notice whether or not he gets another job.

The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.

If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive.

The court will usually order the employer to take the employee back.

Question 34(1 point)

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A customer who is injured in a bar fight, whose injuries were caused by being struck in the face with a broken glass by another customer, and by being struck in the face by the bouncer, can sue:

Question 34 options:

The other customer who threw the broken glass

the bouncer and the other customer who threw the broken glass

All of these

The bouncer

The bar owner

Question 35(1 point)

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Remmie owns the associated rights to property, the buildings, and everything affixed to them located on that property, and the property itself. How is this particular asset likely to be classified?

Question 35 options:

As chattel property

As intangible property

As tangible property

As real property

Question 36(1 point)

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Adler is employed by Rock'n'Roll Talent Agency (RRTA) to scout for new musical talent (rock and roll, pop, and jazz artists) and sign them to the RRTA label. RRTA sends Adler on a scouting trip through Canada, paying for all the expenses. On her trip, Adler locates dozens of new rock and roll, pop and jazz artists for RRTA.While on her scouting trip, Adler also identifies several very funny amateur comedians.Since RRTA only has musical clients, Adler is sure that there is no issue if she signs these comedians to her new talent agency Adler's Amusers (AA).

Based on this scenario, identify all the statements that are correct. Answers are equally weighted.

Question 36 options:

A)

Because RRTA does not usually sign comedians, RRTA has no claim over the comedians that Adler has identified.

B)

The agent in this scenario is Adler.

C)

The principal in this scenario is RRTA.

D)

Adler would be breaching a fiduciary duty if she signed the comedians to AA without requesting permission from RRTA.

E)

The principal in this scenario is Adler.

F)

If Adler signs a comedian to RRTA, but RRTA refuses to ratify the contract, Adler will be personally responsible for the contract (for breach of warranty of authority).

G)

If Adler signs a contract with a rock'n'roll, jazz or pop artist, the contract is actually between RRTA and the artist.

H)

The agent in this scenario is RRTA.

Question 37(1 point)

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Which of the following is a distinguishing characteristic of an unsecured debt?

Question 37 options:

The financing arrangements are formal and deliberate.

Loan must be advanced within a designated period.

The absence of a security interest in the debtor's assets.

The incidental feature of routineness.

Question 38(1 point)

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What is the legal effect of a financing condition in an offer to purchase real estate?

Question 38 options:

The lender will be given control of the money needed to complete the deal.

There is no contract until the vender provides the seller with financing.

The transaction will not proceed unless the buyer's lender grants a mortgage.

The lender must approve the price, deposit, and method of payment.

Question 39(1 point)

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What is the primary goal of tort law?

Question 39 options:

Punishment

Retribution

Loss prevention

Compensation

Question 40(1 point)

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Salime and Carilse are each partners in a promising business that designs computer chips for specialized technology applications (ZipChips). Needing new investors in the business (and feeling a little unsure of the technical details required for the new business), Salima and Carisle invite Noye (a specialist computer chip engineer) to invest in their business as a partner. Noye is excited to get involved, but wants to limit her financial risk to $100,000 only. Therefore,Noye invests $100,000 and registers herself as a limited partner. Since Noye has so much experience in the field, Noye takes a leading role in setting up the partnership's design team and in managing the timelines for returns on the research and development. Because of her experience, Noye is consulted on all major decisions for the business and has final approval on the salaries of all new employees. What type of partner is Noye in this business?

Question 40 options:

Limited Partner

General Partner

Limited Liability Partner

Question 41(1 point)

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Why is the distinction between employment and an independent contractor important?

Question 41 options:

An independent contractor cannot be sure that she will be paid.

An employee can bind the employer in a contract he enters into on behalf of the employer.

Employees can withdraw their services

An employer may be held responsible for torts committed by the employee

Question 42(1 point)

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Raphael saw Fabco Electronics Inc.'s ad in a newspaper advertising that the store had new laser printers for sale for the price of $75. Unfortunately, the store was sold out by the time Raphael arrived at the store with $75, and he now wants to sue Fabco for breach of contract, claiming he accepted their offer by arriving at the store and tendering his payment of $75.Why will Raphael's breach of contract claim be unsuccessful?

Question 42 options:

Because the offer expired when the store ran out of printers

Because the offer lapsed due to the passage of time

Because the store's ad did not constitute an offer to Raphael

Because the store was not able to actually supply him with a printer

Question 43(1 point)

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Which of the following is an advantage of incorporation?

Question 43 options:

Shareholders owe a duty to the corporation.

Shareholders can veto the decisions of directors.

Shareholders are liable for debts of the corporation.

There are no tax advantages as compared to a sole proprietorship.

Shares are easily transferred.

Question 44(1 point)

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Martha's lawyer is not satisfied with the court's decision, so he is urging her not to accept it. What step in the litigation process is Martha's lawyer recommending she take?

Question 44 options:

litigation

appeal

adjudication

settlement

Question 45(1 point)

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What is the name given to the rule that prevents an insured from collecting on insurance when the loss has resulted from the insured's willful misconduct?

Question 45 options:

Forfeiture rule

Third party endorsement

Third party rider

Subrogation

Question 46(1 point)

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Leslie offered to pay Murray $100 a day to show her dog in an upcoming three-day competition. Murray accepted and showed the young male dog, winning best of breed during each day's competition. Leslie paid Murray $300. What is the present status of their contractual arrangement?

Question 46 options:

The termination of the competition frustrated the contract.

The contract terminated by agreement of the parties.

The payment of the settlement ended the contract.

The contract has been terminated by performance.

Question 47(1 point)

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Which of the following is true?

Question 47 options:

The words "trademark" and "business name" mean the same thing.

An invention must actually work in order to be patentable.

Ownership of a trademark is established by establishing or inventing it.

Copyright ends at the time of death of the author of a work.

Question 48(1 point)

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Which of the following would likely not be enforceable if included in an employment contract?

Question 48 options:

A provision for what will happen if duties are changed in the future.

A termination notice provision that exceeds the statutory period but is less than common law notice.

A carefully worded restrictive covenant but without time or geographical limitations.

A duty of confidentiality

Provisions for retirement

Question 49(1 point)

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Which of the following might prove that a contract was freely entered into by the parties?

Question 49 options:

Evidence the weaker party received independent legal advice

Evidence that the terms of the contracts are fair

Evidence the contract was signed in the presence of a witness

Evidence there has only been presumed pressure, but not actual pressure

Question 50(1 point)

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Jemma wants to purchase a used Rolex watch from a pawnshop but is concerned the watch may have been stolen. Does the Sale of Goods Act imply any terms into the sale that may address her concerns?

Question 50 options:

Yes, it is an implied condition that the seller paid valuable consideration for the watch.

No, this is a buyer beware situation.

Yes, there is an implied warranty that no third party will attempt to claim rights in the watch.

No, the Sale of Goods Act only applies to the quality and condition of the goods, not to the state of the title to the goods being sold.

Question 51(1 point)

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Which of the following is the proper definition of a partnership as set out in thePartnership Act?

Question 51 options:

Partnership exists where two or more persons carry on business in common with a view to make a profit.

A partnership is created where a corporation with shareholders is registered with the federal government.

A partnership exists where any business is carried on with a view toward profits.

A partnership exists only where two or more people enter into a written agreement to be partners.

A partnership is only created where the partners actually share the profits from a business.

Question 52(1 point)

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Which of the following is an implication of the utmost good faith nature of insurance contracts?

Question 52 options:

The insurer is a fiduciary to the insured

The insured has a duty to disclose

The insured is a fiduciary to the insurer

The insurer may subrogate

Question 53(1 point)

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Elise wants to invest in her sister Rayleen's business (Dressn'Up Clothing), but does not want to risk more than $20,000. Elise registers as a limited partner and then invests her $20,000 in the business. Every year Rayleen provides a financial statement to Elise, otherwise, Elise has nothing to do with the business. What type of partner is Elise in this business?

Question 53 options:

General Partner

Limited Partner

Limited Liability Partner

Question 54(1 point)

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Jasmine is the sole shareholder of FashionPlusYou Inc., which is planning to borrow $100,000 from the bank to finance a second store location. What is Jasmine's legal position should FashionPlusYou Inc. default on the loan?

Question 54 options:

She and the corporation are not jointly liable for the debt.

She can be personally sued by the bank but only if FashionPlusYou Inc. defaults on the loan.

She and the corporation are jointly and severally liable for the debt.

She has no personal liability with respect to the debt.

Question 55(1 point)

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Sian has been named in a lawsuit alleging a large balance owed on an automobile lease. Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement. Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down. If Sian wants to avoid a default judgment and recover her losses, how should she proceed?

Question 55 options:

request for a pretrial conference

file a statement of claim based on her losses

issue a request for discovery of documents

immediately file a defence and counterclaim

Question 56(1 point)

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What is the legal term for the legal interest considered to be the closest to full ownership in real property?

Question 56 options:

Deeded title

Tenancy in common

Fee simple

Joint tenancy

Question 57(1 point)

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What is meant by the term "merchantable quality"?

Question 57 options:

A reasonable quality, considering the description of the goods.

The value declared or known to the buyer at the time.

The value of goods corresponds with their description.

The price paid determines the reasonableness of quality.

Question 58(1 point)

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Which of the following statements more accurately describes an employee rather than a independent contractor?

Question 58 options:

The person is free to represent others in the same business.

The person has a high level of financial risk.

The person is an essential part of an employer's organization.

The person provides his or her own tools.

The person determines his or her own work schedule.