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QUESTION 1 What type of clause is this: in the event of damage to your vehicle, ParkCo will not be liable for more than $200?

QUESTION 1

What type of clause is this:" in the event of damage to your vehicle, ParkCo will not be liable for more than $200"?

a.

Limitation of liability clause

b.

Force majeure clause

c.

Liquidated damages clause

d.

Condition precedent

QUESTION 2

A retailer in British Columbia orders a large quantity of toys from a toy manufacturer in Ontario, in an online transaction. The retailer fills in the online form on the manufacturer's website, pays with a credit card and clicks the "submit" button to complete the transaction. The contract is formed when:

a.

The toy manufacturer sends an email message to the retailer confirming the transaction.

b.

The transaction data reach the toy manufacturer's internet service provider.

c.

The retailer clicks the "submit" button.

d.

The transaction data are processed by the retailer's internet service provider.

QUESTION 3

What type of clause is this: "Doggo Inc. may terminate this agreement, in its absolute discretion, by providing 10 business days' notice to Pupper Co."?

a.

Cancellation clause

b.

Condition subsequent

c.

Limitation of liability

d.

Exclusion clause

QUESTION 4

Noah entered into a contract to buy a red Porsche convertible, but the car that was delivered to him is a blue SUV. Noah may:

a.

Cancel the contract and sue for damages.

b.

Sue for damages only.

c.

Sue for specific performance.

d.

Sue for an injunction.

QUESTION 5

Lisa's Lunches, a catering business, received an offer from Paula's Preschool to purchase 100 cupcakes for their holiday party for $200.00. The offer required that Lisa accept by email by November 15. Lisa accepted on November 16. Why would a court find that there was no agreement?

a.

There was no consideration.

b.

The offer had lapsed before acceptance.

c.

The offer had been revoked.

d.

The offer was unenforceable due to illegality.

QUESTION 6

Scarlett emails Mel and offers to sell her store inventory for $40,000 cash. Mel replies by email: "OK; I will pay $10,000 cash tomorrow and give you a cheque for the rest next Thursday". Mel's reply is a(n):

a.

Counteroffer

b.

Acceptance

c.

Option

d.

Conditional offer

QUESTION 7

If a term of a contract is unclear and the parties disagree on its meaning, a judge will resolve the dispute by:

a.

Applying her own subjective interpretation of the term.

b.

Applying the interpretation of a reasonable person.

c.

Applying the interpretation of the party who commenced the lawsuit.

d.

Applying the interpretation of the party who drafted the contract.

QUESTION 8

What type of contract clause is this: "This contract, and all disputes arising under it, are governed by the laws of the Province of British Columbia"?

a.

Choice of law clause

b.

Force majeure clause

c.

Choice of venue clause

d.

Exclusion clause

QUESTION 9

If you own a factory and are concerned about not being able to fill orders if your factory is shut down in a covid-19 lockdown, which type of clause should you include in your contracts with your customers?

a.

Force majeure clause

b.

Exclusion clause

c.

Liquidated damages clause

d.

Condition precedent

QUESTION 10

A party to a contract might wish to include a condition subsequent in the contract:

a.

To avoid forfeiting a deposit if a deadline is missed.

b.

To avoid the high cost of litigation if the contract is breached.

c.

To avoid being bound by the terms of the contract if a specific situation occurs.

d.

To ensure that any dispute is resolved according to the laws of a chosen jurisdiction.

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