Question 1 (0.5 points) Electronic commerce (E-commerce) legislation consists of: A) Laws specifying the time and place of an electronic contract formation B) Laws specifying the regulation of digital communication between businesses C) Laws specifying the regulations and restrictions for Internet communication between businesses D) Laws specifying the jurisdiction that will apply to an online contract dispute With regard to online contracts, which of the following statements is most accurate? A) Electronic documents are unenforceable unless in writing B) Consumers will not be held liable for terms that they did not actually read C) Electronic documents are effective when the consumer receives a copy D) Consumers may have to resolve their disputes in a foreign jurisdiction Which of the following statements regarding online transactions is true? A) Clicking "I Accept" may constitute valid acceptance of a contract B) Electronic contracts are unenforceable unless also reduced to writing C) Entering into contracts online negates the need to satisfy all elements of a contract D) Common law has set precedents for entering into contracts online Which of the following contracts needs to be in writing? A) Contract for the purchase and sale of land B) Contract for the purchase and sale of cell phones C) Contract for the purchase and sale of a motor vehicle D) Contract for the purchase and sale of a business If you pay $2,000 for a 60 -day option on a business that is offered for sale at $400,000, which of the following is true? A) You have agreed to accept the offer of the business within the 60-day period B) You have purchased a 60-day period of time within which you may or may not accept the offer C) You have entered into two contracts, one for time and one for the purchase of business D) You have entered into a contract that allows you to get your money back if Which of the following is incorrect with respect to intention to enter into a valid contract? A) Intention is presumed in commercial contracts B) Courts protect reasonable expectations of parties in a contract C) Intention is presumed in family contracts D) Courts apply the reasonable stated intention of the parties in a contract Quantum meruit means: A) A decision to stand on B) What one has earned C) A meeting of the minds D) An agreement with no expectation of payment Question 8 ( 0.5 points) A gratuitous promise is: A) An arrangement that the courts will enforce B) A gift that creates contractual obligations C) A legal obligation to do what is promised D) A promise where no legal obligation is created Which of the following will not end an offer? A) Offeree makes counter-offer B) Offeror sells to another C) Offeror dies D) Offer lapses James offered to sell the vehicle for $20,000 "offer to remains open until noon on Thursday, April 1, 2017." Which one of the following situations will not end the offer? A) An expiration of the tome to accept before offeree accepts B) James falls ill and suddenly dies C) A counter-offer from the offeree Question 11 ( 0.5 points) Which of the following is an example of duress? A) Tom wants to buy Dave's computer and Dave sells it to someone else B) Tom threatens to destroy Dave's computer if he won't sell it to him C) Dave won't sell his computer to Tom unless Tom pays more D) Dave tells Tom that he sold the computer to someone else Johann is at his doctor's office getting a check-up after a health scare. He tells his doctor that he needs to sell his vehicle. His doctor tells him he will buy it for $10,000. Johann was going to list it for $15,000.00, but feels obligated to sell to hi doctor. This is an example of: A) Undue influence B) Fraudulent misrepresentation C) Duress If the court determines that there was undue influence in a contract, then that contract is: A) Illegal B) Legal C) Void D) Voidable John and Mary are thinking of buying a house. They see one they like and arrang view it. The current owner, Emelda shows them over the house stating, "I've owr this house for 20 years, and it is completely sound. There are no problems." In fa John and Mary discover later, the house is infested with termites. If Emelda did k there were termites and was desperate to sell, this would be an example of: A) Innocent misrepresentation B) Undue influence C) Fraudulent misrepresentation John and Mary are thinking of buying a house. They see one they like and arrange to view it. The current owner, Emelda shows them over the house stating, "I've owned this house for 20 years, and it is completely sound. There are no problems." In fact, as John and Mary discover later, the house is infested with termites. If Emelda did not know there were termites, this would be an example of: A) Fraudulent misrepresentation B) Duress C) Undue influence Both parties have signed an agreement regarding the purchase and sale of a new vehicle. Which of the following would allow the contract to be set aside on the basis of misrepresentation? A) The misrepresentation must have been made knowingly. B) The misrepresentation must have been a false statement. C) The misrepresentation must have been in writing. D) The misrepresentation must have induced the party to buy the vehicle. A person can use mistake as a defence to void a contract dispute if: A) The mistake is that both parties have changed their mind B) The mistake is unknown to both when they signed the contract C) The mistake is about the subject matter D) The mistake is a typographical error in the contract Abir thnks he has agreed to paint Bll's portrait tor $SU, not Including canvass and paints. Bill thinks the $500 price covers both labour and materials. If neither party's interpretation is reasonable OR both are equally reasonable, the legal effect of this contract is: A) Void B) Enforceable C) Unenforceable Question 19 ( 0.5 points) Which of the following is not a requirement to prove non est factum? A) The subject matter was exactly what the signer believed it to be B) The signer was not careless in signing the contract C) The subject matter was not what the signer believed it to be D) The signer could not read the contract Andy agrees to sell his painting to Bill. At the time the contract is made, the painting is destroyed by fire. The legal effect of this contract is: A) Void B) Voidable C) Enforceable D) Unenforceable Which of the following is not lawsuit? A) Quantum meruit B) Specific performance C) Injunction D) Damages Which of the following is not legal remedy available in a breach of contract lawsuit? A) Damages B) Specific performance C) Mitigation D) Injunction another party in a contract? A) Indemnification clause B) Exclusion clause C) Limitation of liability clause D) Liquidated damages clause Which of the following is not a clause that can limit a party's exposure to damage? A) Limitation of liability clause B) Exclusion clause C) Liquidated damages clause D) Indemnification clause Mr. Wicks, a plumber, had a contract to repair a slow leak in a toilet at Dr. Bone's medical clinic. Because it had to be done when no patients were there, Mr. Wicks agreed to come on a Saturday. However, when he got there, he found a notice on th door saying "Got a chance for a free trip to Hawaii. Come next Saturday at the same time. Thanks. Dr. Bone." Mr. Wicks did not turn up the next Saturday and, when Dr. Bone called to find out why, Mr. Wicks said that he had promised to take his wife shopping that day, and he doubted if he would be able to find the time in the future. A) Neither man has breached the contract; it is simply suspended B) Dr. Bone breached the contract on the first Saturday You are very excited as you enter the car lot to purchase your first new vehicle. You have your heart set on a red one. After lots of negotiation you sign a contract for a small red vehicle. You return to the lot 2 weeks later to pick up your new vehicle and are surprised to see a small rusty brown car. You are not happy and the dealer tells you that the rust brown is a type of red and that is what your contract states. You tell him the contract is wrong and you walk away. You can successfully sue for breach if you can show that the colour red was: A) An implied warranty B) A warranty Paul ordered a motor bike from Moto-Haus. He had reviewed all the specifications and told the salesperson of his final choice. When the bike arrived, Paul found that it did not live up to the fuel efficiency that he expected or that was claimed in the brochure. He took the bike back to Moto-Haus, and demanded the return of his money, which was refused. Paul would be best advised to treat the contract as: A) at an end and sue for breach of warranty B) ongoing and sue for breach of warranty C) at an end and sue for breach of condition In which of the following situations is it likely that the court will release a party from their contractual obligations? A) Performance of the contract was significantly more expensive than expected by one party B) Performance of the contract was impossible because a party's subsequent actions made it impossible for that party to perform C) Performance of the contract was significantly more difficult than expected by one party D) Performance of the agreement was prevented after the destruction of the Clauses in a contract that specify that a certain event will end the contract befor completion is a(n): A) Condition subsequent clause B) Frustration of contract clause C) Condition precedent clause D) Option to terminate Clauses in a contract that specify when the obligations begin is a(n): A) Condition subsequent clause B) Frustration of contract clause C) Option to terminate D) Condition precedent clause Which of the following is an example of an industrial design? A) Coco-cola bottle B) UPS C) Nike D) Kleenex tissue Luciana applied for a patent in May 2012, which was granted the same month. The patent will expire in: A) May 2017 B) May 2022 C) May 2027 D) May 2032 keypad for use in all its new cell phone. Bell wishes to protect the design. It should do so under: A) the Copyright Act B) the Industrial Design Act C) the Trade-marks Act D) the Patent Act Abdul worked as an employee of MegaByte Industries, a computer conglomerate. part of his job, he produced a unique program for routing emergency calls to the appropriate public emergency services departments. There is no written employee contract dealing with ownership of the program. This program can be: A) Copyrighted only by MegaByte B) Patented only by Abdul C) Patented only by MegaByte would a plaintiff not ask for? A) Accounting B) Damages C) Injunction D) Specific performance Which of the following is an example of a bailment for reward? A) Amara gets her friend to water her plant while she is on vacation B) Amara leaves her watch at the jeweler so he can fix it C) Amara gives her friend a shovel D) Amara rents a car for the weekend All of the following are remedies belonging exclusively to the landlord, except: A) Distress B) Distrain C) Quiet possession D) Action on the covenant Maja rents a commercial storage spage every summer to store her possessions while she is not at school. She pays the storage fees by cheque each month to the owner of the facility. Maja is: A) An assignor B) In a periodic tenancy C) In a fixed tenancy D) A suhtenant the quickest suitable manner, which is: A) Sale B) Discharge C) Foreclosure