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

Question 51(1 point)

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Graham has granted a cellphone company permission to erect a transmission tower on his property. What type of right has Graham granted?

Question 51 options:

An easement

A restrictive covenant

A lease

Joint tenancy

Question 52(1 point)

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Martha's lawyer is not satisfied with the court's decision, so he is urging her not to accept it. What step in the litigation process is Martha's lawyer recommending she take?

Question 52 options:

adjudication

litigation

settlement

appeal

Question 53(3 points)

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Adler is employed by Rock'n'Roll Talent Agency (RRTA) to scout for new musical talent (rock and roll, pop, and jazz artists) and sign them to the RRTA label. RRTA sends Adler on a scouting trip through Canada, paying for all the expenses. On her trip, Adler locates dozens of new rock and roll, pop and jazz artists for RRTA.While on her scouting trip, Adler also identifies several very funny amateur comedians.Since RRTA only has musical clients, Adler is sure that there is no issue if she signs these comedians to her new talent agency Adler's Amusers (AA).

Based on this scenario, identify all the statements that are correct. Answers are equally weighted.

Question 53 options:

A)

The agent in this scenario is RRTA.

B)

Adler would be breaching a fiduciary duty if she signed the comedians to AA without requesting permission from RRTA.

C)

The principal in this scenario is RRTA.

D)

The agent in this scenario is Adler.

E)

The principal in this scenario is Adler.

F)

If Adler signs a contract with a rock'n'roll, jazz or pop artist, the contract is actually between RRTA and the artist.

Question 54(1 point)

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Arcand Industries has offered to sell a piece of equipment to XYZ Inc for $100,000 and has promised to keep its offer open until the last day of the month. What is Arcand's legal position in this situation?

Question 54 options:

The promise to hold the offer open is contrary to public policy and is unenforceable

The offer can be revoked before the last day of the month with the consent of Arcand

Arcand is legally bound to keep its offer open until the last day of the month

The offer can be revoked at any time by Arcand without legal consequence

Part 2: Matching

Question 55(5 points)

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Match the description with the element or test it describes.

Question 55 options:

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The plaintiff must prove that they have suffered harm from the wrongful act of the defendant in the form of _______________________________.

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The plaintiff must prove that the harm they suffered was a foreseeable type due to the concept of:_________________.

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The plaintiff must prove that the defendant's failure to act reasonably is the cause of their harm, thus establishing ____________________________.

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In the first step of a negligence action, the plaintiff has to prove that the defendant owed a __________________.

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The plaintiff must prove that the defendant breached _____________________: which establishes that the defendant failed to do what a reasonable person would have done in the circumstances.

1.The Duty of Care

2.The Standard of Care

3.Causation

4.Remoteness

5.Damages

6.a/the Contributory Negligence

7.Voluntary Assumption of Risk

8.Consent

Question 56(10 points)

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Match the definition below with the correct term.

Question 56 options:

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A partnership in which the partners have unlimited liability for their own malpractice but limited liability for other partners' malpractice.

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A monopoly to make, use or sell an invention.

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Termination of a contract by an unexpected event or change that makes performance functionally impossible or illegal.

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A contract that, in certain circumstances, an aggrieved party can choose to keep in force or bring to an end.

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A division of profits payable to shareholders.

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A conditional promise toa creditor to pay a debt if the debtor defaults.

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A person who is authorized to act on behalf of another.

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A partnership in which the liability of some partners is limited to their capital contribution.

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A debt where the creditor has only a contractual right to be repaid.

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The right to prevent others from copying or modifying certain works.

1.Agent

2.Copyright

3.Dividend

4.Frustration

5.Guarantee

6.Limited liability partnership

7.Limited partnership

8.Patent

9.Performance

10.Secured credit/or

11.Subrogation

12.Trademark

13.Unsecured credit/or

14.Void contract

15.Voidable Contract

16.Guarantor

Question 57(2 points)

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Grundy Grocery Inc. is closing down as the owners are retiring. It has been very profitable and has more than enough money to pay all claims. It owes money to creditors as follows:

Unpaid dividends on preferred shares of $36,000

Unpaid dividends on common shares of $40,000

Unpaid balance of $1.25 million on a mortgage

Unpaid amount of $3500 on an electrical bill.

Rank these debts in order of priority from 1 (first) to 4 (last).You will get .5 mark for each one that is in the correct order.

Question 57 options:

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4

Unpaid amount of $3500 on an electrical bill1

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4

Unpaid balance of $1.25 million on a mortgage1

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4

Unpaid dividends on preferred shares of $36,0001

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3

4

Unpaid dividends on common shares of $40,000