Question 3

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 3 options:

The promoter failed to provide a safe environment

The promoter advertised the event.

The promoter should assume both physical and legal risks

Occupiers have a moral obligation to keep the premises safe

Question 4

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

Question 4 options:

Evidence the weaker party received independent legal advice

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

Evidence that the terms of the contracts are fair

Evidence the contract was signed in the presence of a witness

Question 5

Rita is employed as a financial investment advisor for a local investment services firm and signed a restrictive covenant that prevents her from working as an investment advisor for a period of 5 years anywhere in Canada should she leave her current employer. On what legal basis might this clause be unenforceable?

Question 5 options:

It constitutes an unreasonable restraint on trade.

Rita failed to read the contract before signing it.

It violates the Criminal Code.

It violates the Charter guarantee of freedom of mobility.

Question 6

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 6 options:

General Partner

Limited Partner

Limited Liability Partner

Question 7

What is the policy rationale for contractual quantum meruit?

Question 7 options:

The parties' intention to impose a penalty should be upheld.

The assistance provided by implied terms is sporadic and uncertain.

It is not the intention of the parties that goods or services are provided for free.

Parties who fail to document their contracts should nonetheless be bound by their promises.

Question 8

Ultimate Caterer Inc. lost its lawsuit and was ordered to pay damages and costs to the young couple whose wedding dinner left them and many of their guests very ill. Which of the following correctly describes the meaning of costs in these circumstances?

Question 8 options:

The amount the loser must pay toward the winner's expenses

The defendant's legal fees

The amount of court fees charged for litigating the lawsuit

The plaintiff's actual legal fees

Question 9

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

Question 9 options:

The person has a high level of financial risk.

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

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

The person provides his or her own tools.

The person determines his or her own work schedule.

Question 10

Which of the following are exclusively areas of federal jurisdiction under the Canadian Constitution?

Question 10 options:

interprovincial trade and commerce, highway regulation, licensing

administration of justice, trade, education

criminal law, administration of justice, hospitals

currency, trade, national defence

Question 11

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 11 options:

The other customer who threw the broken glass

All of these

the bouncer and the other customer who threw the broken glass

The bar owner

The bouncer

Question 12

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 12 options:

Limited Partner

General Partner

Limited Liability Partner

Question 13

What is the primary goal of tort law?

Question 13 options:

Retribution

Punishment

Compensation

Loss prevention