Question 41(1 point)

All week Jeff consistently ran the Naked News on his computer while Tess was present taking instruction on his files. Despite her obvious discomfort and repeated requests that he turn off the program, Jeff ignored the requests. Would a claim for constructive dismissal be justified in this instance?

Question 41 options:

	Unilateral change in working conditions fails to trigger constructive dismissal.
	Unilateral change in working conditions requires employee consent.
	Management needs to enact procedures to deal with bad behaviour.
	A claim is justified by proving a poisoned or intolerable work environment.

Question 42(1 point)

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According to policy, Celine's employer has accumulated a number of minor incidents in her employee performance records over the course of her three years with the organization. If her employer anticipates that it may be necessary and advantageous to terminate Celine's employment, which of the following would strongly influence the decision?

Question 42 options:

	duty of good faith
	duty to compensation
	duty to mitigate
	duty to warn
	duty to accommodate

Question 43(1 point)

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Which of the following might an employer have relied upon in its successful bid to convince a human rights commission that it would incur "undue hardship"?

Question 43 options:

	evidence that the employer would have to modify its workplace rules
	evidence that it was acting in good faith
	evidence that accommodation will require an outlay of cash
	evidence that accommodation will pose a health and safety risk

Question 44(1 point)

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Diane provides accounting services to Ablemade Construction, one her many clients. Each month she picks up paperwork from Ablemade and takes it to her home office and prepares the month end accounts payable, receivable and payroll, using her own computer and specialized accounting software. Which statement best represents the relationship between Diane and Ablemade?

Question 44 options:

	Ablemade must pay Diane statutory termination pay in the event that it wishes to terminate the relationship.
	Diane is an employee of Ablemade.
	Ablemade is vicariously liable for Diane's actions.
	Diane is an independent contractor.
	Diane is a dependent contractor.

Question 45(1 point)

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Eve's best friend, Amrita, knew Eve wanted to buy a delivery van for her new business and when Amrita saw a great van that met all of Eve's specifications at an auction, she decided to bid on it without telling Eve. Can Eve ratify the contract entered into by Amrita?

Question 45 options:

	No, because Amrita was not Eve's employee.
	Yes, but only if Amrita identified Eve as her principal when she bought the van.
	No, because Amrita is not Eve's actual agent.
	Yes, provided Amrita was Eve's employee.

Question 46(1 point)

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Which statement best describes the actual authority of an agent?

Question 46 options:

	It must be express.
	It may be express or implied.
	It must be created in writing.
	It cannot be easily customized.
	It must always be limited in time and scope.

Question 47(1 point)

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Within each provincial jurisdiction, a beneficiary under an insurance contract is entitled to sue under that contract even though the contractual arrangement is between parties other than the beneficiary. How is this legally possible?

Question 47 options:

	common law limiting application of exclusion clauses in life insurance contracts
	common law reclassification of the application of the doctrine of privity
	legislation limiting application of exclusion clauses in life insurance contracts
	legislative amendment to modify application of the doctrine of privity

Question 48(1 point)

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Valiant Construction Inc. has assigned its contractual right to payment from one of its customers to ABC Lumber Ltd. in order to satisfy its debt to ABC. Which of the following statements is correct?

Question 48 options:

	This arrangement must be consented to by Valiant's client in order to be legally enforceable.
	ABC is liable to fulfill the contract in the event Valiant fails to do so.
	Valiant Inc. is now released from its obligations to its client.
	This arrangement is valid even without the consent of Valiant's client.

Question 49(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 49 options:

	The contract has been terminated by performance.
	The termination of the competition frustrated the contract.
	The payment of the settlement ended the contract.
	The contract terminated by agreement of the parties.
	Murray has the right to terminate the contract for breach and sue for damages.

Question 50(1 point)

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What was the intended purpose of the creation and enactment of theStatute of Frauds?

Question 50 options:

	to allow performance to take the place of written duly executed agreement
	to ensure proper transfer of land
	to require that commercial contractual relationships be stated in one document
	to avoid the difficulty in proving the value of goods or services exchanged
	to impede perjury and fraud by documented evidence of specified types of contracts

Question 51(1 point)

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A seller unknowingly made a misrepresentation during negotiations to sell his car. The seller did not and could not have known what they said was a misrepresentation at the time. What kind of misrepresentation has occurred here?

Question 51 options:

	Innocent misrepresentation
	Fraudulent misrepresentation
	No misrepresentation has occurred
	Negligent misrepresentation

Question 52(1 point)

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Where circumstances surrounding a proposed commercial transaction involve an unsophisticated party, what would a court most likely accept as indisputable evidence that the party has proceeded with the transaction on a free and informed basis?

Question 52 options:

	a certificate of indisputable legal advice
	a certificate of mitigation
	a certificate of indubitable legal advice
	a certificate of individual legal advice
	a certificate of independent legal advice

Question 53(1 point)

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Michael was severely injured in an automobile accident. While in hospital, he was visited by an insurance adjuster who made him a "take it or leave it" offer of $3,000 in full settlement of his personal injury claim. Michael accepted the offer because the adjuster told him there would be no further offers. Michael also does not speak English very well. If Michael's claim is actually worth $100,000, on what legal basis might the court cancel the agreement?

Question 53 options:

	because the agreement was illegal
	because the agreement was entered into under duress
	because Michael lacked capacity to contract
	because the agreement is unconscionable

Question 54(1 point)

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How does Canadian contract law protect minors and mentally incapacitated individuals?

Question 54 options:

	by requiring the courts to approve the contracts
	by providing that only certain types of contracts are enforceable against minors and those who lack mental capacity
	by ensuring that they cannot enter into legally binding contracts
	ensuring both groups are represented by guardians when entering into contracts

Question 55(1 point)

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How is the general body of law governing contracts best characterized?

Question 55 options:

	common law
	civic law
	statutory law
	constitutional law
	criminal law

Question 56(1 point)

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Grandview Developments negotiated an oral agreement with a landowner to purchase property on the outskirts of the city. Grandview intends to develop the landing a housing project. What is Grandview's legal position regarding this agreement?

Question 56 options:

	The agreement is not legally enforceable because it is not in writing.
	The agreement is not legally enforceable because the parties have not achieved a "meeting of the minds".
	This agreement is not legally enforceable because it is not supported by mutual consideration.
	The agreement is legally binding on Grandview and the landowner.

Question 57(1 point)

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A politician wrongfully accused another politician of election fraud during question period in the provincial legislature. What defence might the offending political raise in the event that she is sued for defamation?

Question 57 options:

	truth
	justification
	absolute privilege
	fair comment
	qualified privilege

Question 58(1 point)

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Richard was shopping in a sporting goods store when he was approached by a security guard who told him he was suspected of shoplifting. The security guard then told Richard he had to accompany him to an office in the back of the store. Richard had stolen nothing but felt compelled to comply with the security guard's request. Which statement best describes this situation?

Question 58 options:

	Richard may still sue for false imprisonment because he was coerced into complying with the security guard's request.
	Richard cannot sue for false imprisonment because he voluntarily complied with the security guard's request.
	Richard cannot sue for false imprisonment because he was not physically restrained by the security guard.
	The security guard has committed tort of defamation.

Question 59(1 point)

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Which of the following is an example of an interest that is not protected by the tort of nuisance?

Question 59 options:

	right to sunlight
	freedom from vibration
	freedom from unpleasant orders
	right to peace and quiet

Question 60(1 point)

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A tavern owner served a patron with alcohol who then drove their vehicle while intoxicated. Who might the tavern owe a duty of care in this situation?

Question 60 options:

	the passengers in the patron's car and other users of the road
	the patron
	the provincial government for breaching the province's liquor license
	the patron, the passengers in the patron's car and other users of the road