Question 41(1 point)

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The Personal Property Security Act (PPSA) fulfills a number of purposes. Which of the following describes one of these purposes?

Question 41 options:

Determining priority among creditors.

Prohibiting misleading statements in credit applications.

Protecting borrowers from exorbitant interest rates.

Protection of the public from unscrupulous lenders.

Question 42(1 point)

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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 15 years anywhere in Canada should she leave her current employer. On what legal basis might this clause be unenforceable?

Question 42 options:

It constitutes an unreasonable restraint on trade.

It violates the Criminal Code.

Rita failed to read the contract before signing it.

It violates the Charter guarantee of freedom of mobility.

Question 43(1 point)

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Jemma wants to purchase a used Rolex watch from a pawnshop but is concerned the watch may have been stolen. Does the Sale of Goods Act imply any terms into the sale that may address her concerns?

Question 43 options:

No, the Sale of Goods Act only applies to the quality and condition of the goods, not to the ownership of the goods being sold.

Yes, it is an implied condition that the goods must be of merchantable quality.

Yes, there is an implied condition that the vendor has title to the goods.

No, this is a buyer beware situation.

Question 44(1 point)

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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 44 options:

The promoter failed to provide a safe environment

Occupiers have a moral obligation to keep the premises safe

The promoter advertised the event.

The promoter should assume both physical and legal risks

Question 45(1 point)

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Sian has been named in a lawsuit alleging a large balance owed on an automobile lease. Sian believes the contract was voided when the vehicle's motor ceased operating the day after signing the lease agreement. Sian is still owed the compensation the dealership promised to pay her as reimbursement of the towing cost to have the vehicle returned to the dealership after it broke down. If Sian wants to avoid a default judgment and recover her losses, how should she proceed?

Question 45 options:

issue a request for discovery of documents

file a statement of claim based on her losses

request for a pretrial conference

immediately file a defence and counterclaim

Question 46(1 point)

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Which of the following statements is correct with respect to remedies for wrongful dismissal?

Question 46 options:

The court will usually order the employer to take the employee back.

If the employee gets another job within the period of notice he should have received, that will affect the amount of damages he will receive.

Damages payable to the employee are based on what the employee would have received had he been given reasonable notice whether or not he gets another job.

The court will issue an injunction to prevent the employer from hiring someone else to take the employee's place.

Question 47(1 point)

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Mariam offered to sell her horse to Shia for $5,000, but Shia counter-offered with a price of $4,500. Mariam rejected Shia's counter-offer. What is the effect of Shia's counter-offer on Mariam's original offer?

Question 47 options:

The original offer is no longer available because it has lapsed.

Mariam's original offer is still available for acceptance until Mariam specifically revokes it.

Mariam's original offer is no longer available for acceptance because Shia's counter-offer is a rejection of the original offer.

Mariam's original offer is still available because she has not replaced it with a new offer.

Question 48(1 point)

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Which of the following is the proper definition of a partnership as set out in thePartnership Act?

Question 48 options:

A partnership is created where a corporation with shareholders is registered with the federal government.

A partnership exists where any business is carried on with a view toward profits.

Partnership exists where two or more persons carry on business in common with a view to make a profit.

A partnership exists only where two or more people enter into a written agreement to be partners.

A partnership is only created where the partners actually share the profits from a business.

Question 49(1 point)

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Which of the following is true?

Question 49 options:

Ownership of a trademark is established by establishing or inventing it.

The words "trademark" and "business name" mean the same thing.

Copyright ends at the time of death of the author of a work.

An invention must actually work in order to be patentable.

Question 50(1 point)

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If a customer slips and falls on the ice in a store's parking lot, the store may be liable for the tort of:

Question 50 options:

Negligence

Aggravated assault

Assault

Trespass

Nuisance