QUESTION 15

Microsoft has found out that someone is selling fake digital copies of Word and Excel. The sales have now stopped. What is the best remedy for Microsoft?

Injunction

Delivery up

Damages

Accounting

1.33 points

QUESTION 16

Which of the following does NOT accurately describe the liability of partners in a regular partnership?

Liability is unlimited

Liability is limited to capital invested

Liability is collective

Liability is personal

1.33 points

QUESTION 17

Claire and Solomon are partners in a regular partnership. The partnership agreement states that only Claire is liable for the debts of the partnership. The partnership has now failed to pay a large bill. Who can the creditor sue for compensation?

Both partners, but creditor must sue Claire first

Only the partnership is liable, not the partners

Claire

Both partners

1.33 points

QUESTION 18

Which of the following is NOT a potential source of personal liability for partners in a limited liability partnership?

Breach of contract by partnership

Negligence of a partner

Negligence of an employee of partnership

All of the above

1.33 points

QUESTION 19

Joe and Rodriguez are partners in a Limited Liability Partnership (LLP). Joe has acted negligently when working on a client file, causing significant losses to the client. Who is personally liable for the losses:

Only Joe

Both Joe and Rodriguez

Only Rodriguez

Neither Joe nor Rodriguez

1.33 points

QUESTION 20

Robert sells computers acting as an agent for Steve, who is the owner of the business. Steve has told Robert to get authorization from him for discounts that are more than 10% of the advertised price. Robert just sold a computer with a discount of 20% without first consulting Steve. Which of the following is true?

There is no contract

There is a valid contract between Robert and the buyer

The buyer must pay 10% more

There is a valid contract between Steve and the buyer

1.33 points

QUESTION 21

Which of the following is NOT a common law duty of agents?

Exercise authority personally

Always act in the best interest of the principal

Forward any money received to the principal

Always act in the best interest of the third party

1.33 points

QUESTION 22

Based on the legal definition of land, is a yard fence considered part of land?

Yes

No

1.33 points

QUESTION 23

The owners of Lot 1 and 2 want to share a driveway such that part of the driveway will be located on Lot 1 and part of the driveway will be located on Lot 2.What is the name of this interest in land?

Easement

Restrictive Covenant

Fee simple

Lease

1.33 points

QUESTION 24

Bob has entered an agreement in which he has agreed not to grow any trees on his property. This agreement is best described as:

An easement

A restrictive covenant

A mortgage

A Fee simple

1.33 points

QUESTION 25

Who makes regulations?

The executive branch

The legislative branch

The judicial branch

All of the above

1.33 points

QUESTION 26

Which of the following is NOT true about a lease?

It is based on contract law

It must be for a specified length of time

It can only be created in writing

It gives the tenant an exclusive right to occupy the property

1.33 points

QUESTION 27

Bob enters a contract with his father. It states Bob can purchase his father's car for $1000 after he graduates from UFV. The actual value of the car is $5,000. Is this a valid contract?

Bob's father can choose if there is a contract or not.

Yes, because it meets all the requirements for a valid contract.

No, because contracts cannot relate to future events.

No, because it does not meet all the requirements of a valid contract.

1.33 points

QUESTION 28

Steve is looking to buy a used car. He believes that it is accident free. To be sure, he asks the dealer if the car is accident free. The seller says "yes". Steve later finds out that the car had a previous accident. What is the most relevant area of law in this situation?

Misrepresentation

Misunderstanidng

One-sided mistake.

Shared mistake

1.33 points

QUESTION 29

A business wants to dismiss an employee who has been doing a good job. The employment contract is silent about notice periods. Based on this information, how much notice should the employee receive?

The employer can dismiss the employee without notice

Notice period under the Employment Standards Act

The employee cannot be dismissed

Reasonable notice under common law

1.33 points

QUESTION 30

Jane is delivering goods to Bob under a contract. Bob has already paid for the goods. Due to snow, Jane is unable to deliver the goods and cancels the contract. Which of the following is true in this case?

Jane is in breach of contract

Jane is not in breach of contract

1.33 points

QUESTION 31

Agents owe their duties to both the principal and the third-party.

True

False

1.33 points

QUESTION 32

A principal can agree to be a party to a contract that was made by an agent without authority, even if the other party to the contract objects to this.

True

False

1.33 points

QUESTION 33

The agency relationship ends when the principal loses capacity.

True

False

1.33 points

QUESTION 34

In an oppression action, the plaintiff is the company.

True

False

1.33 points

QUESTION 35

A company can only be dissolved with shareholder approval.

True

False

1.33 points

QUESTION 36

Shareholders cannot also be directors.

True

False

1.33 points

QUESTION 37

A company is easier to set-up than a partnership.

True

False

1.33 points

QUESTION 38

The articles of a company set out the internal rules of the company.

True

False

1.33 points

QUESTION 39

Shareholders can agree in a shareholder agreement that any expenditure by the company worth more than $10,000 requires approval by all shareholders.

True

False

1.33 points

QUESTION 40

The directors are the owners of the company.

True

False

1.33 points

QUESTION 41

In a derivative action, the plaintiff is the company.

True

False

1.33 points

QUESTION 42

Unless agreed otherwise, a partner can be removed by a 2/3 majority vote of other partners.

True

False

1.33 points

QUESTION 43

A partner could be personally liable for the debts of a partnership even if he/she is no longer a partner.

True

False

1.33 points

QUESTION 44

One of the factors for the fair dealing exception in copyright is how much of the work is used.

True

False

1.33 points

QUESTION 45

The fair dealing exception under intellectual property law only applies to non-commercial uses.

True

False

1.33 points

QUESTION 46

The remedy of "delivery up" allows the owner of IP rights to collect the money earned by the party breaching the IP rights.

True

False

1.33 points

QUESTION 47

Intellectual property disuptes are heard by the BC Supreme Court.

True

False

1.33 points

QUESTION 48

Intellectual property rights can only be protected within Canada.

True

False

1.33 points

QUESTION 49

In a joint tenancy, each joint tenant owns a separate interest in the property.

True

False

1.33 points

QUESTION 50

In the land title system, the government guarantees that the information on a land's title is accurate.

True

False

1.33 points

QUESTION 51

A mortgage is an example of an interest in land.

True

False

1.33 points

QUESTION 52

In order to sell a home through foreclosure, a court order is necessary.

True

False

1.33 points

QUESTION 53

Easements must be registered to be enforceable against future owners.

True

False

1.33 points

QUESTION 54

The remedy of re-entry allows the landlord to seize any assets held by the tenant on the property and keep them as security for unpaid rent

True

False

1.33 points

QUESTION 55

The right to quiet possession means the tenant must be able to use the property for its usual purpose.

True

False

1.33 points

QUESTION 56

Minors cannot enter legally binding contracts.

True

False

1.33 points

QUESTION 57

An acceptance made by e-mail is communicated when it is read by the other side.

True

False

1.33 points

QUESTION 58

A misrepresentation exists when each side to a contract has a different interpretation of a contractual term.

True

False

1.33 points

QUESTION 59

To be valid, a notice period agreed in an employment contract must be at least as long as the notice period under common law reasonable notice to which the employee would be entitled at the time of dismissal.

True

False

1.33 points

QUESTION 60

Donoghue v Stevenson created the test used in negligence to determine breach of duty.

True

False