Saved

Maxine, an accountant annoyed with her employer for telling her that her work was substandard, created a computer virus that would erase key accounting data if Maxine's name was removed from the payroll. This is a crime under the Criminal Code. If Maxine is caught, she will be ...

Question 1 options:

sued by the Crown because the Code is private law.

prosecuted by the Crown for breach of the Civil Code.

sued by her employer under the Criminal Code because it is a private law matter.

prosecuted by the Crown because the Code is public law

sued by her employer under the Criminal Code because it is a civil law matter.

Question 2(1 point)

Saved

When judges apply the principle ofstaredecisisin deciding a case before them they are, in effect, applying the

Question 2 options:

rules of public administrative law.

substantive law.

principles of equity.

doctrine of precedent and substantive law.

doctrine of precedent.

Question 3(1 point)

Saved

Claire required a reference for a new job. She asked for a letter from her former employer, Alice. Alice wrote that Claire was honest, hard-working, intelligent and pleasant, and would do best in a job with considerable direction and supervision. Since Claire had applied for work in outside sales, she was turned down as the job needed an independent self-starter. Claire sued Alice for libel.

Question 3 options:

Alice could successfully raise the defence of absolute privilege

Even if what Alice said was true, Claire will win since, if she was not willing to write only positive things, Alice should have declined to write at all.

Unless Alice can prove the truth of what she wrote, Claire will win.

Alice's freedom of speech must be protected even at the expense of Claire's right to protect her reputation so, even if Alice was not being totally truthful, Claire will lose.

Alice could successfully argue that she had written the letter in good faith and only said what she honestly believed to be true.

Question 4(1 point)

Saved

.Lex and Clark don't get along. They meet at the office of a local newspaper and tensions rise. When Lex says "I am going to hit you!" and immediately smacks Clark on the cheek, resulting in a cut, he has ...

Question 4 options:

committed the tort of assault

committed the tort of battery

committed the torts of assault and battery

committed the torts of assault, battery and negligence.

committed the tort of negligence.

Question 5(1 point)

Saved

Luke delivered a shipment of light bulbs to Lando. Lando didn't yet pay for them, but promised that payment would be made shortly. Unfortunately, Lando was deeply in debt and was forced into Bankruptcy by several of his creditors. Obviously, Luke doesn't want to lose money on the deal and goes to his Lawyer (Leia) for advice. She says that an unpaid supplier of goods who is an unsecured creditor, but can identify the goods supplied out of the inventory of a commercial bankrupt is entitled to reclaim the goods if the supply was made

Question 5 options:

within the 60 days preceding the bankruptcy

within the 45 days preceding the bankruptcy.

within the 15 days preceding the bankruptcy.

within the 30 days preceding the bankruptcy

within the 90 days preceding the bankruptcy

Question 6(1 point)

Saved

Jack, a 17 year old, drops in at a Great Buy store to purchase an Xbox on an installment payment plan.A week later, Jack, after playing games on a new Nintendo, wants to return his Xbox to Great Buy and cancel the contract.What is the legal status of Jack's agreement with Great Buy?

Question 6 options:

Since Jack is a minor and the Xbox is not a necessary of life, Jack may cancel the agreement, but Great Buy cannot

Since Jack is a minor and the Xbox is not a necessary of life, either Jack or Great Buy may void the agreement

Since Jack is over 16 years of age neither he nor Great Buy can cancel the contract and heis legally bound by the agreement

Since the agreement provides a benefit to Jack, it is a valid contract which Great Buy can enforce against Jack's parents since he is a minor

Question 7(1 point)

In the contract of sale of Jones' house to Greenwood, no particular method of payment was specified. Greenwood's lawyer has heard rumours that Jones got a much better offer after he signed the deal with Greenwood, and, from the attitude displayed by Jones recently, Greenwood's lawyer thinks Jones may be hoping the deal will fall through. Greenwood ...

Question 7 options:

need not worry about how payment is made since, as long as it is the exact amount, Jones cannot legally refuse any mode of tender, provided that the contract did not stipulate a particular mode.

should make sure he has a certified cheque for the full amount on the date of closing

should make sure that, if he has a personal cheque for the full amount, it is accompanied by a banker's letter guaranteeing the funds are there.

should make sure he has cash for the full amount on the date of closing

Question 8(1 point)

Rick is thinking about getting into a contract with Negan Inc. He was talking to Glenn (Negan Inc.'s Vice President) who offered him very favorable contract terms. Rick is unsure as to whether he can rely on what Glenn is telling him, but Maggie (his lawyer) said that there should be no problem because a person may rely on the acts of the officers of a corporation without inquiry by virtue of...

Question 8 options:

the doctrine ofultravires.

.the doctrine of constructive notice.

the indoor management rule.

.the doctrine of promissory estoppel

Question 9(1 point)

9.You run a large and lucrative bar and restaurant, and you have just hired Hulk, a new bouncer. You have explained to him that it is always best to be friendly and to calm angry patrons. However, one day Rocky, a local student attended the bar and got very drunk. The Bartenders, realizing that he was drunk, refused to serve him and asked him to leave. He refused to go. The manager asked Hulk to escort Rocky from the bar. Rocky refused to leave, but was forced from the building. Later that night, Rocky snuck back in to the bar. Hulk removed him again. This time, Rocky punched Hulk in the face but he fell through a glass door while doing this and cut his face badly. Which of the following is correct?

Question 9 options:

Hulk can never be liable since he was expelling a trespasser

Hulk can be liable if he is deemed to used excessive force

Hulk will always be liable for Battery since he injured Rocky

Hulk can never be deemed to have used excessive force because Rocky hit him

Question 10(1 point)

Saved

You run a large and lucrative bar and restaurant, and you have just hired Hulk, a new bouncer. You have explained to him that it is always best to be friendly and to calm angry patrons. However, one day Rocky, a local student attended the bar and got very drunk. The Bartenders, realizing that he was drunk, refused to serve him and asked him to leave. He refused to go. The manager asked Hulk to escort Rocky from the bar. Rocky refused to leave, but was forced from the building. Later that night, Rocky snuck back in to the bar. Hulk removed him again. This time, Rocky punched Hulk in the face but he fell through a glass door while doing this and cut his face badly. Which of the following is correct?

Question 10 options:

a. Rocky is an Invitee and should not have been subject to force

b. Rocky is a Licensee and should not have been subject to force

c.Due to his behaviour, Rocky was neither an invitee or a Licensee

d. Rocky was a Trespasser

e. Both C & D

None of the above

Question 11(1 point)

Saved

Lisa and Christina own homes on properties next to each other. There was no visible boundary between the properties. Neither remembered where the property division was. Christina noticed a diseased tree in between the properties. She said to Lisa, "the tree is on your land. If it causes any harm to my property, I will sue you. You'd better cut it down before it causes damage to my home." This alarmed Lisa and she immediately hired a company to cut down the tree and thus removed the afternoon shade to Christina's home. Later, it was shown that the tree was in fact on Christina's land (not Lisa's). Christina is enraged and sues for damages. Which of the following is correct?

Question 11 options:

Lisa is liable due to the principal of Bagosian Equitable Estoppel

Lisa can claim Promissory Estoppel

Christina cannot be successful because of Chronological Estoppel

As Lisa did not know it was on Christina's land, she cannot be found liable

Question 12(1 point)

On a cold winter's night, Diana's home furnace broke down. Her pipes froze and burst. Her basement was flooded. Panicked, Diana called Steve (from Trevor's Plumbing) to immediately come to the house. Steve got there an hour later and fixed the leak. The next day, Diana received a bill for $300 from Trevor's Plumbing. She refused to pay.

Question 12 options:

Even though no price was discussed, she needs to pay and Trevor's plumbing can set whatever price it wants afterward

Even though no price was discussed, she needs to pay but she can set the price

Quantum Meruit would apply and she must pay a reasonable price for the service

As no price was discussed, she does not need to pay

Selectum Meruit would apply and thus she needs to pay a small portion of the fee

Question 13(1 point)

Saved

The assets of an incorporated business are legally owned by:

Question 13 options:

the corporation

the common shareholders

the preference shareholders

all of the above

Question 14(1 point)

Hal Jordan purchased "Multi-Coloured Lanterns and Rings", a small business from Guy Gardner, a well-established entrepreneur for $350,000. To finance the transaction, he borrowed $250,000 by way of a mortgage on the premises, and he got the seller to accept a chattel mortgage on the equipment for the balance. Both mortgages were duly registered. He then arranged with the trade suppliers to sell him his inventory on credit.

The business was a high-volume, low mark-up type of business. A large amount of money passed through Mr. Jordan's hands each day, even though the portion that represented his profit was small. During the first few months of operation, he purchased a new, expensive motorcycle, refurnished his house, and took his wife on a 15-day holiday to Hawaii, where he spent several thousand dollars visiting the sites.

When his suppliers began pressing him for payment of their accounts, he managed to pacify them by staggering payments in such a way that each received the payment of some accounts, but their total indebtedness remained about the same. He accomplished this in part by seeking out other suppliers and persuading them to supply him with goods on credit.

A few months later, it became apparent to Mr. Jordan's creditors that he was in financial difficulty, and several creditors threatened to institute bankruptcy proceedings. To prevent any action on their part, Mr. Jordan paid their accounts in full. The threats of the creditors brought his desperate financial position forcefully to his attention, however. He promptly transferred $50,000 to his brother, Kyle, and he placed a further $50,000 in a bank account that he opened in another city.

A few days later, Mr. Jordan purchased two one-way airline tickets for a flight to Japan that was scheduled for the next week. Before the departure date, a creditor, to whom Mr. Jordan owed a trade account in excess of $15,000, became aware of his plans and instituted bankruptcy proceedings against him.

Question 14 options:

Creditors cannot petition someone in to Bankruptcy. It must be voluntary

As there was no consumer proposal prior to the Bankruptcy proceedings, Hal has no danger of bankruptcy

Hal has done nothing improper and cannot be forced into Bankruptcy

Hal has committed an act of Bankruptcy but does not owe enough to be forced into Bankruptcy

All of the Above

None of the Above

Question 15(1 point)

Hal Jordan purchased "Multi-Coloured Lanterns and Rings", a small business from Guy Gardner, a well-established entrepreneur for $350,000. To finance the transaction, he borrowed $250,000 by way of a mortgage on the premises, and he got the seller to accept a chattel mortgage on the equipment for the balance. Both mortgages were duly registered. He then arranged with the trade suppliers to sell him his inventory on credit.

The business was a high-volume, low mark-up type of business. A large amount of money passed through Mr. Jordan's hands each day, even though the portion that represented his profit was small. During the first few months of operation, he purchased a new, expensive motorcycle, refurnished his house, and took his wife on a 15-day holiday to Hawaii, where he spent several thousand dollars visiting the sites.

When his suppliers began pressing him for payment of their accounts, he managed to pacify them by staggering payments in such a way that each received the payment of some accounts, but their total indebtedness remained about the same. He accomplished this in part by seeking out other suppliers and persuading them to supply him with goods on credit.

A few months later, it became apparent to Mr. Jordan's creditors that he was in financial difficulty, and several creditors threatened to institute bankruptcy proceedings. To prevent any action on their part, Mr. Jordan paid their accounts in full. The threats of the creditors brought his desperate financial position forcefully to his attention, however. He promptly transferred $50,000 to his brother, Kyle, and he placed a further $50,000 in a bank account that he opened in another city.

A few days later, Mr. Jordan purchased two one-way airline tickets for a flight to Japan that was scheduled for the next week. Before the departure date, a creditor, to whom Mr. Jordan owed a trade account in excess of $15,000, became aware of his plans and instituted bankruptcy proceedings against him.

Which of the following is true?

Question 15 options:

a.Hal has committed no acts of Bankruptcy

b.In transferring money to his brother, Hal has committed an act of Bankruptcy

c. Kyle has committed an Act of Bankruptcy by accepting Hal's money and can be petitioned into Bankruptcy

d. Both A & C

e. All of the Above

f. None of the above

Question 16(1 point)

One afternoon you find a notebook filled with incomprehensible mathematical notations outside the Faculty of Business building and, realizing that it belongs to a professor in the Philosophy Department whose name is on the cover, you put it under the door of her office with a note telling him that you found it. That night, on the eleven o'clock news, you see an interview with the professor who is telling the reporter that she has lost the notebook in which she had worked out the meaning of life, and you hear her offer $10,000 for its safe return. Can you successfully claim the reward? In the context of Contract Law, which of the following is true?

Question 16 options:

The TV interview was an invitation to Treat

The return of the notebook was a gratuitous gesture. There was no consideration. There is no valid agreement

As there was no valid signatures on a contract. There is no binding agreement

The TV interview was a valid offer and by returning the book you have accepted it.

The $10,000 was valid consideration that you could successfully claim.

Question 17(1 point)

Andrea operates a toy store next to a residential area. Young neighbouring children liked to use the parking lot as a playground. Andrea regularly ordered them off of the property as she was afraid that they would be hit by a car. Several times, a six year old boy climbed over the fence to Andrea's property and climbed to the top of the toy store's roof. Andrea regularly told him to leave and stop climbing to the roof, but he kept coming back. One day, while Andrea was away, the boy climbed to the roof and fell becoming badly injured. Is Andrea liable?

Question 17 options:

Andrea was required to construct gates that the child could not climb

The boy is a Trespasser. Andrea can only be held liable if she deliberately trapped or injured the child.

The boy is a Trespasser. Andrea can never be responsible for the injury.

As the boy is a Licensee of the store, Andrea is responsible for his well being

As he was a child, his parents would be responsible for his actions so Andrea isn't liable

Question 18(1 point)

Peter Parker is food delivery driver. He and Mary Jane Watson enter into a contract for him to deliver shoes for her company. This agreement is set to commence on September 1^stand last until November 15^th. Mary Jane was to pay Peter $200 per day while he was delivering her goods. At first, Peter was really happy to have entered into the agreement. However, when he calculated the profits he soon realized that $200 was too little and that he would lose money if he fulfilled his side of the agreement. On August 30^th, he informed Mary Jane that he would not be making deliveries for her. Mary Jane was desperate and begged him to reconsider. She said, "Think about it until tomorrow. Don't make any decisions until we meet again tomorrow." He agreed. That night, Peter parked his delivery truck in his company's garage. At 2am, a major fire broke out and his truck was destroyed. He learned of the fire at 9am on August 31^st. As he is no longer capable of making the delivery, he immediately contacted Mary Jane and notified her that he would not be making any deliveries on September 1^st. She is outraged and sues him for breach of contract.

Which of the following is true?

Question 18 options:

Mary Jane must wait until September 1^st. She can sue him for Breach of Contract after that day.

Mary Jane can sue him immediately when he tells her that he will not be completing the agreement

The fire is not Mary Jane's problem. Peter should have an extra vehicle in case of problems like this

As this was something that occurred that was beyond their control, unpredictable at the time of the agreement, and renders the contract impossible to fulfill Peter can claim that the contract is frustrated

Question 19(1 point)

Peter Parker is food delivery driver. He and Mary Jane Watson enter into a contract for him to deliver shoes for her company. This agreement is set to commence on September 1^stand last until November 15^th. Mary Jane was to pay Peter $200 per day while he was delivering her goods. At first, Peter was really happy to have entered into the agreement. However, when he calculated the profits he soon realized that $200 was too little and that he would lose money if he fulfilled his side of the agreement. On August 30^th, he informed Mary Jane that he would not be making deliveries for her. Mary Jane was desperate and begged him to reconsider. She said, "Think about it until tomorrow. Don't make any decisions until we meet again tomorrow." He agreed. That night, Peter parked his delivery truck in his company's garage. At 2am, a major fire broke out and his truck was destroyed. He learned of the fire at 9am on August 31^st. As he is no longer capable of making the delivery, he immediately contacted Mary Jane and notified her that he would not be making any deliveries on September 1^st. She is outraged and sues him for breach of contract.

In looking at this situation, this is an example of...

Question 19 options:

Implied Repudiation

Promissory Estoppel

Express Repudiation

Frustration of Contract

Question 20(1 point)

"Ninja Radio" 98.6 FM wanted to set up a remote event in a provincial park for Canada Day Weekend. The provincial park commission approved the plan subject to a $5200 payment which included a $2000 for the park event permit, $1,200 for the sanitation charge, a $1,500 beer/wine special occasion permit, and a $500 Broadcasting permit. Legally, how much can the Provincial Park charge Ninja Radio?

Question 20 options:

$4000 as the fees are simply too high to be fair.

$0 as the Provincial Park does not have the authority to issue any of these charges

$4700 as the Provincial Park does not have the authority to issue a Broadcasting Permit. It is out of the Province's jurisdiction.

$5,200 if Ninja Radio agrees to the fees as they have the right to set the fees for these types of events and enter into an agreement.

Question 21(1 point)

Saved

Shareholders of corporations are not liable to third parties for debts incurred by the business operated by the corporation because...

Question 21 options:

shareholders are not involved in the general operations of the business, but remain in the background

shareholders take out insurance to cover such liabilities

the directors always take the fall for such debts

the corporation is a separate legal entity from the shareholders

Question 22(1 point)

Saved

Which of the following statements about partnershipsis false?

Question 22 options:

All Ontario limited and limited liability partnerships must be registered with the provincial government

A written partnership agreement is necessary to form a general partnership

without a partnership agreement, the death of any partner in a general partnership will result in the dissolution of the partnership

both sole proprietors and partners in a general partnership have unlimited liability for business debts

Question 23(1 point)

In a limited partnership the limited partners...

Question 23 options:

have only what they invested in the partnership business exposed to third parties for any liabilities incurred by the partnership business

have their personal assets exposed to third parties for any liabilities incurred by the partnership business

have no assets exposed to third parties for any liabilities incurred by the partnership business

have their personal assets exposed to third parties for any liabilities incurred by their personal negligent conduct, but are limited otherwise to what they invested in the partnership business

Question 24(1 point)

Saved

Which of the following isNOTan act of bankruptcy?

Question 24 options:

A debtor transferring title to the family home to a relative for $2 when the debtor is in financial difficulty with their creditors

Failing to pay one (1) of several creditors when the debt is due

Giving notice to a creditor that the debtor will be suspending repayment to the creditor

Failing to pay several creditors when their debts are due

Question 25(1 point)

Saved

Which of the following isNOTa preferred creditor under theBankruptcy andInsolvency Act?

Question 25 options:

Banks for the balance owing on loans

The trustee in bankruptcy

Landlords for three months arrears of rent

The federal government