Commercial Law Practice Exam
Course Introduction
Commercial Law explores the legal principles and regulations governing business and commercial transactions. This course covers key topics such as the formation and enforcement of contracts, the sale of goods, agency relationships, negotiable instruments, secured transactions, and the resolution of commercial disputes. It examines both national legislation and international frameworks that impact business dealings, highlighting the rights and obligations of businesses and individuals engaged in commerce. Through case studies and real-world examples, students gain a practical understanding of how commercial law shapes everyday business operations and ensures fairness and stability in commercial activities.
Recommended Textbook Managing the Law The Legal Aspects of Doing Business 5th Edition by McInnes
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Page 2
Chapter 1: Risk Management and Sources of Law
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Q1) Gamma Co has discovered that one of its products is potentially dangerous.That danger, however, is not great.There is only a small chance that someone will be hurt, and even if someone is hurt, the injury will not be life threatening.Gamma Co therefore has decided to do nothing about the danger.It has employed a form of risk management known as
A)risk ignorance.
B)risk aversion.
C)risk displacement.
D)risk harmonization.
E)risk acceptance.
Answer: E
Q2) Because of the need to ensure that the fundamental rules for governing the country are kept up to date, the Constitution (unlike most statutes) is quite easily amended.
A)True
B)False
Answer: False
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Chapter 2: Litigation and Alternative Dispute Resolution
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Q1) Wolodko Engineering Inc sued Dhaliwal Ltd for the tort of negligence.At one point during the litigation process, an examination-in-chief occurred.This means that A)one of the parties asked the other party's witness a question during an examination for discovery.
B)the other side asked the opponent's witness questions under oath.
C)one of the parties hired an expert witness to conduct a scientific investigation on a piece of physical evidence.
D)the examination in chief occurred while the case was on Appeal.
E)questions were answered under oath at a trial by one party of its own witnesses.
Answer: E
Q2) Kabesa Inc sued Mahuja Ltd.The court held completely in favour of the defendant and the claim of Kahesa was dismissed in its entirety.The court probably also ordered Kabesa Inc to pay Mahuja Ltd's costs.
A)True
B)False
Answer: True
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Chapter 3: Introduction to Torts
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Q1) Maria intends to create a new business, but she is worried that some of her workers may commit torts on the job.She therefore has asked you about employees and independent contractors.You should tell her that
A)employees are always paid less than independent contractors because of the doctrine of vicarious liability.
B)independent contractors are vicariously liable for employer's torts, but employees are not.
C)an employer may be held vicariously liable even if a worker did not follow all of the employer's instructions.
D)an employer can be held vicariously liable for an employee's torts, but only if the employer failed to properly instruct the employee.
E)an employer can avoid vicarious liability by ensuring that all of its records refer to workers as "independent contractors."
Answer: C
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Chapter 4: Intentional Torts
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Q1) Yvonne used Benoit's bicycle.Which of the following factors would best support Benoit's action in detinue?
A)Yvonne honestly believed that the bike belonged to her.
B)Yvonne used the bike only once and only because there was an emergency.
C)Yvonne did not cause any damage to the bike.
D)Yvonne has refused to return the bike to Benoit even though he has sued her for its return.
E)Benoit had intended to sell the bike to his brother.
Q2) Sandra could successfully sue Prem for the tort of
A)false imprisonment if he refused to let her into his store.
B)invasion of privacy by common law tort, if he told a newspaper secret information that she had disclosed to him.
C)battery if he spit on her.
D)trespass of image if, without her authority, he used a picture of her to attract customers to his store even though Sandra is not in any way a celebrity.
E)detinue if he refused to leave her land after she asked him to do so.
Q3) Explain why tort law has been reluctant to create a general tort of invasion of privacy.
Q4) List and briefly explain the elements of the tort of malicious prosecution.
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Chapter 5: Miscellaneous Torts Affecting Business
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Q1) Rex has sued Regina for the tort of Rylands v Fletcher.ONE of the elements that he must prove in order to win the case is that
A)Regina acted either carelessly or intentionally.
B)he was injured while visiting Regina's property.
C)the injury that he suffered was an inevitable result of the manner in which Regina used her property.
D)he and Regina occupy property in the same neighbourhood.
E)something escaped from Regina's property.
Q2) Winona has sued Ramon for the tort of Rylands v Fletcher.The court is most likely to impose liability if
A)Winona consented to the manner in which Ramon used his property.
B)Winona's injury was the inevitable result of the fact that Ramon performed a statutorily authorized activity.
C)Winona's injury was caused by a malicious act by a third party that Ramon could not have prevented.
D)Winona's injury was caused by a force of nature that Ramon could not have prevented.
E)Winona was injured even though Ramon used all reasonable care.
Q3) What is the defence of justification? To which tort does it apply?
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Page 7
Chapter 6: Negligence
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Q1) Danica was injured as a result of an accident that also involved Elmer and Lloyd.The judge found that all three parties had acted carelessly, and that Elmer and Lloyd were jointly and severally liable.The judge also found that Danica was 50 percent to blame for her injuries, while Elmer was 30 percent to blame and Lloyd was 20 percent to blame.Compensation for Danica's injuries is valued at a total of $100 000.Danica may be able to recover more than $30 000 from Elmer if Lloyd is unable to pay anything because of his extreme poverty.
A)True
B)False
Q2) Jane carelessly caused an accident that resulted in Perry's leg being broken.Perry subsequently suffered a broken arm when he fell down a flight of stairs.Perry satisfied the judge, on the basis of expert evidence, that it is common for people who are wearing leg casts to fall more often than usual.That is true even for people who reasonably take extra precautions while wearing leg casts.Jane consequently may be held liable for Perry's broken leg and his broken arm.
A)True
B)False
Q3) Explain the two-fold significance of the decision in Donoghue v Stevenson.
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Chapter 7: The Nature and Creation of Contracts
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Q1) Simon owns 10 000 shares in ABC Inc.He wanted to sell half of them in order to raise $20 000 in cash.He therefore wrote separate letters to Bronwyn and Gwyneth on June 1.In each case he said, "I will sell 5000 shares in ABC Inc to you for $20 000.Please respond by any reasonable means within one week." Bronwyn replied on June 3 with a letter that said: "I accept your offer." Simon received that letter on June 5.On June 6, he received a fax from Gwyneth that said, "I accept your offer." Simon then informed Gwyneth by telephone that he had already sold the shares to Bronwyn.In that situation, there is no contract between Simon and Gwyneth.
A)True
B)False
Q2) An offer, that is not an option contract, is always automatically revoked if either the offeror or the offeree dies before acceptance.
A)True
B)False
Q3) An advertisement in a newspaper is usually considered an offer if it contains a clear description of the product and a specific price.
A)True
B)False
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Chapter 8: Consideration and Privity
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Q1) Which of the following statements is TRUE?
A)As a general rule, a promise to perform a pre-existing public duty can provide consideration for a new contract.
B)As a general rule, a promise to perform a pre-existing contractual duty to one party cannot provide consideration for a new contract with a different party.
C)As a general rule, a promise to perform a pre-existing contractual duty to one party can provide the consideration for a new contract with that same party for a lesser contractual duty.
D)As a general rule, a creditor's promise to accept a lesser sum in complete discharge of a larger debt is unenforceable.
E)As a general rule, a promise that is not supported by valuable consideration is enforceable only if both parties have applied their ceremonial wax seals.
Q2) "The law of contract assumes that people are generally capable of looking after their own interests.An agreement therefore may be enforceable even if the parties do not exchange things of equal value." Discuss that statement.Illustrate your answer with three business law examples.
Q3) What is the essential purpose of a seal?
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Page 10
Chapter 9: Representations and Terms
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Q1) Pre-contractual representations are always part of the terms of all contracts.
A)True
B)False
Q2) Leilani purchased a business from Troy.She is now interested in the possibility of taking legal action on the basis of an alleged misrepresentation that occurred during the negotiations leading up to the contract.Which of the following statements is TRUE?
A)The contract can be rescinded only if Troy made a fraudulent misrepresentation.
B)If Troy made a negligent misrepresentation, and if Troy owed a duty of care to Leilani in making that representation, Leilani may choose to sue in tort rather than rescind the contract.
C)Because the courts will not punish a person who did not breach an obligation, rescission is not available if Troy merely made an innocent misrepresentation
D)Because the purpose of rescission is to reverse the effects of a transaction, Leilani will not be able to receive court costs if she rescinds the agreement
E)Leilani cannot obtain rescission because she can only sue in tort.
Q3) What is meant by the contra proferentum rule?
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Page 11
Chapter 10: Contractual Defects
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Q1) The notion of public policy is somewhat vague as it is difficult for a judge to decide what the public policy is in a democratic society.
A)True
B)False
Q2) From the perspective of risk management, what practices should be adopted by businesses transacting in jurisdictions that have a Statute of Frauds?
Q3) Outline three situations where a court might set aside a contract because of unfairness during bargaining.What are the requirements to prove each, and who has the onus to prove what in court?
Q4) Unincorporated associations
A)are always treated the same way as corporations.
B)are not legal entities and therefore do not have contractual capacity unless a statute says otherwise.
C)generally have the capacity to contract.
D)are independent legal entities.
E)no longer exist in Canadian society.
Q5) List three types of contracts that must be evidenced in writing in most jurisdictions.Provide one example of each.
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Chapter 11: Discharge and Breach
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Q1) Describe the process of novation.Explain whether or not the process requires consideration.If so, explain how consideration is provided.
Q2) Which of the following statements is TRUE with respect to the word "rescission"?
A)Rescission always arises as a result of a contractual defect.
B)Rescission is the name of the process that allows a contract to be discharged after one party has breached a serious term of the contract.
C)Depending upon the circumstances, rescission may involve either a bilateral agreement to discharge a contract or a unilateral decision to terminate a contract.
D)Rescission eliminates the need to perform outstanding primary obligations, but it does not affect secondary obligations.
E)Rescission always requires the supply of fresh consideration.
Q3) Briefly describe three ways in which a contract may be discharged by operation of law.
Q4) Explain the difference between a "condition," a "condition subsequent," a "condition precedent," and a "true condition precedent" as those terms have been used in this chapter.Which of those types of conditions can be breached? Explain your answer.
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Page 13
Chapter 12: Contractual Remedies
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Q1) On March 1, Joe contractually agreed to purchase an antique family heirloom from his cousin, Maureen, for $40 000.Joe paid half of that price immediately and promised to pay the other half upon delivery.Maureen promised to deliver the heirloom on May 1.On April 1, another member of the family discovered that the heirloom had not belonged to a famous ancestor, as everyone had believed, but rather to that person's half-brother.The market value of the heirloom consequently dropped to $10 000.Maureen nevertheless refuses to deliver it as promised.Which of the following is an accurate statement?
A)Joe is entitled to receive expectation damages of $40 000.
B)Joe is entitled to receive expectation damages of $10 000.
C)Joe is entitled to receive expectation damages of $30 000.
D)Joe is entitled to receive reliance damages of $20 000.
E)Joe is entitled to receive restitution of $20 000.
Q2) "A contractual term for liquidated damages relieves the court of the need to carefully calculate the plaintiff's losses.A contractual term for a penalty does not have the same effect." Explain the meaning of that statement.Explain whether or not that statement is true.
Q3) When will punitive damages be available for a breach of contract?
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Chapter 13: Special Contracts: Sale of Goods
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Q1) Hiram is about to agree to sell a specific antique book to Natasha for $30 000.Hiram is willing to let Natasha have possession of the goods immediately.Furthermore, he is willing to sell the book on credit and to allow her to pay in ten monthly instalments.However, he is also concerned that she might become insolvent before paying the full price.If that occurred, he would want to be able to recover the book itself, rather than simply sue Natasha.After all, if she becomes bankrupt, she will not have enough money to fully satisfy all of the claims against her.Is Hiram's position truly at risk? If so, is there anything that he can do when creating his contract with Natasha to protect himself? Explain your answer.
Q2) Helene operates a beauty salon.She cut Bentley's hair in exchange for the payment of $25.She also gave him a small bottle of shampoo as a gift sampler.The parties' transaction is not governed by the Sale of Goods Act.
A)True
B)False
Q3) Explain the basic differences between: (i) a claim for damages following the buyer's breach of contract, and (ii) an action for the price by the seller.
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Chapter 14: Real Property: Interests and Leases
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Q1) Land is sometimes called "real property" because
A)it is really more important than personal property.
B)traditionally, it was the real source of most wealth in England.
C)the owner can recover the land itself, rather than its monetary value, if someone wrongfully occupies it.
D)as a matter of reality, land was more valuable than anything else to the King of England.
E)it lasts forever and therefore reflects the reality and permanence of the world.
Q2) Omar, an elderly bachelor, has the fee simple to a piece of land called Blackacre.He was recently told, however, that ultimately he may not fully own that property.Is that statement correct? How does your answer affect Omar's ability to exploit the contents of the ground beneath Blackacre while he is alive? How does it affect the possible ownership of Blackacre after Omar dies?
Q3) Clyde has applied to a court for an order for partition.Assuming that that application will be successful, what type of property interest might he currently enjoy? What will be the effect when the court grants an order for partition?
Q4) Explain the concept of "expropriation."
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16
Chapter 15: Real Property: Sales and Mortgages
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Q1) Kiri bought a piece of land from Saul.Before doing so, she followed her lawyer's advice and traced a chain of title back 10 years.Which of the following statements is most likely to be TRUE?
A)The land is located somewhere in western Canada.
B)The land is held under a land titles system.
C)In the circumstances, there was no need for Kiri to have purchased title insurance.
D)The land is located in a deeds registration jurisdiction.
E)The land is subject to a life estate.
Q2) A person who occupies a piece of land without any right or permission to do so is legally known as
A)a dweller in situ.
B)a sitter.
C)a resident in transitu.
D)a squatter.
E)an indigent occupant.
Q3) Evan borrowed $100 000 from Joanna.As security for the repayment of that debt, he created a mortgage over Blackacre.Blackacre consists of a piece of land and a house.Explain why is it important to both parties that Blackacre is protected by insurance.
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Page 17
Chapter 16: Personal Property: Bailment and Insurance
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Q1) The distinction between real property and personal property consists of the fact that real property can never be physically picked up and moved from place to place, and personal property can always be physically picked up and moved from place to place.
A)True
B)False
Q2) Solace Insurance Company (SIC) sold an insurance policy to Kelly.As a result of certain events, the concept of subrogation has become relevant.This most likely means that
A)Kelly breached her obligation of utmost good faith.
B)although SIC is liable to pay for most of the loss, Kelly is required to pay for a small part of that loss.
C)a tortfeasor damaged property that Kelly had insured.
D)Kelly purchased two different insurance policies, from two different insurance companies, with respect to the same risk of loss.
E)SIC has discovered that Kelly does not have an insurable interest in certain property.
Q3) What is subrogation? What is indemnification? How are these two concepts related?
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Chapter 17: Intellectual Property
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Q1) Olga and Simon are involved in patent litigation.Olga's arguments are based on the idea of "the patent bargain." That phrase refers to a contract under which a person pays a patent holder for the right to use an invention.In this instance, Simon broke his promise to pay a fee to Olga in exchange for her permission to use her patented invention.
A)True
B)False
Q2) A Canadian inventor has up to 12 months to file a patent application in another Paris Convention member state in order to gain protection in that country.
A)True
B)False
Q3) Carlos, a baseball fanatic, has spent most of his adult life in a workshop, trying to invent a better baseball bat.Finally, after having spent many years and most of his savings, Carlos succeeded in creating a bat out of an aluminum alloy that results in sending the baseball further than if the ball was hit with a standard bat.Ecstatic, Carlos decides to hire a patent agent to help him secure a patent.But he contacts you for advice about his options for exploiting his patent, and to discuss the risks and benefits of each potential avenue.
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Page 19
Chapter 18: Electronic Commerce
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Q1) As a general rule, domain names are registered on a first come-first served basis.As a result, the first person to register a domain name typically has the right to sell it.
A)True
B)False
Q2) "Privacy laws are consistent across Canada.Wherever a dispute occurs, the same rules governing the collection and use of private information apply." Explain the extent to which that statement is correct.
Q3) Matt Cone has registered the domain name icecreamcone.ca.While Matt plans on using the domain name to promote his homemade ice cream, he is also considering selling the name to the highest bidder and using the money to help offset his startup costs.Matt has contacted several relevant businesses with his offer.Recently, Matt has received a complaint from a kosher ice cream distributor that holds a registered Canadian trademark for "Ice-Cream Cohen." It has characterized Matt's actions as cybersquatting and is demanding that he assign his registration in the domain name to them at cost.Because cybersquatting is an illegal practice, Matt must assign his rights to Cohen.
A)True
B)False
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Page 20
Chapter 19: Agency and Other Methods of Carrying on Business
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Q1) Satinder is an employee of Bog Systems Inc.She acts as an agent on behalf of the corporation in that she buys office furniture on behalf of the corporation.Which of the following is TRUE?
A)Satinder can be terminated as an employee at any time by Bog.
B)Satinder can be terminated as an employee by Bog only for just cause or with reasonable notice or compensation in lieu of notice.
C)Satinder cannot be terminated as an employee by Bog except for just cause.
D)Satinder is automatically terminated as an employee by Bog if Bog goes bankrupt.
E)Satinder can be terminated as an employee by Bog only with reasonable notice from Bog.
Q2) Marta agrees to buy two tons of tomatoes from Argus Farm Products Inc, hoping that she can find a principal to take responsibility for the contract.In her discussions with Argus, she does not indicate that she intends only to contract as an agent for a principal that she hopes to find.If Fresh Vegetables Ltd ratifies the contract, it can only be enforced by Argus against Fresh Vegetables Ltd.
A)True
B)False
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Page 21
Chapter 20: Basic Forms of Business Organizations
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Q1) Stella is planning to build a national chain of restaurants.She should choose to incorporate under the Canada Business Corporations Act for which of the following reasons?
A)Provincially incorporated corporations are prohibited from carrying on business in another province or territory.
B)Provincially incorporated corporations need permission from each province and territory in which they want to carry on business.
C)Provincially incorporated corporations have restrictions on the types of businesses that they can carry on.
D)The limited liability of provincially incorporated corporations is not recognized in other provinces or territories.
E)A company incorporated under the Canada Business Corporations Act has the right to carry on business across Canada.
Q2) "In small businesses with few shareholders, the corporate law rules that require a corporation to have shareholders who elect directors and who, in turn, appoint officers are highly artificial and unnecessary." Do you agree or disagree with this statement? Explain why.
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Chapter 21: Legal Rules for Corporate Governance
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Q1) Frank and Emma are shareholders in a cell phone company that they started together.Emma provided $10 000 for the hardware, while Frank provided $40 000 for the software and the store itself.Frank decided to make a shareholders' agreement with Emma prior to starting the company to ensure she would not sell her shares to competitors at any time in the future.By doing this, Frank has most likely created which type of share transfer rule?
A)a non-competition agreement
B)a right of first refusal
C)a shotgun buy-sell
D)a share protection agreement
E)a unanimous shareholders' agreement
Q2) A director's fiduciary duty is owed to the corporation.This means that directors must act with a view to maximizing the value of shareholders' investment to the exclusion of the interests of other stakeholders in the corporation.
A)True
B)False
Q3) The shotgun buy-sell is a drastic but effective mechanism for resolving shareholder disputes.Do you agree with this statement? Please give your reasons.
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Chapter 22: Secured Transactions
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Q1) The notice filing systems in place in most provinces have which of the following advantages?
A)A secured party can perfect its security interest by filing a financing statement electronically.
B)A notice of each new security agreement between a secured party and a debtor is sent to all financial institutions.
C)Notice filings provide notice of the availability of hard copies of security agreements.
D)A secured party can register a security interest as soon as the security agreement is entered into.
E)The notice filing system provides a system of indefeasible validity to registered charges.
Q2) Kingston Bank has a security interest in the equipment of Apex Manufacturing to secure a $10 000 loan that the Bank made to Apex.Apex has defaulted on one of its monthly loan payments in the amount of $1000.The security agreement provides that the whole amount of the loan is payable on demand.The bank can seize the equipment without notice to Apex.
A)True
B)False
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Page 24
Chapter 23: Dealing With Bankruptcy and Insolvency
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Q1) Carmen is an unsecured creditor of Joe's Popular Pizza, which has just gone bankrupt.She learns about the bankruptcy in the newspaper and realizes that she must file a claim if she is to get any money back.Carmen must file a proof of claim
A)within the stipulated time period or she will lose the right to receive payment on the debt.
B)only if she is a secured creditor.
C)if she wishes to argue about a void preference.
D)if she wants to pursue Joe's Popular Pizza in another province.
E)only if Joe's Popular Pizza has a counterclaim against her.
Q2) Bank X has recently entered the business of extending loans secured on equipment.This means that it is willing to extend a loan for the estimated value of a piece of industrial equipment in return for a security interest in it.The security specifies that in the event of bankruptcy, Bank X retains the right to seize the equipment, sell it, and collect the proceeds in order to satisfy the loan.??Bank X's lawyer is unfamiliar with bankruptcy procedure and would like to know what happens if the amount collected from the sale of the equipment is worth more than the value of the security? What if it is less?
Q3) Explain why bankruptcy is a federal responsibility under Canadian law.
Q4) Name three officials in the bankruptcy process and explain what they do.
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Chapter 24: Government Regulation of Business
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Q1) Figure 24.2 provides an overview of the enforcement process under the Competition Act.In one sense, the most important part of that process is the beginning.Which of the following events will lead the Commissioner to conduct an inquiry under s 10 of the Act?
A)a petition is signed by 100 Canadians
B)a formal request is received from the Lieutenant Governors of at least four provinces
C)six Canadian residents request an inquiry into the matter
D)a Direction is received from the Canadian Judicial Council
E)a Notice to Appear is issued by the Prime Minister or a federal cabinet member
Q2) Why are mergers reviewed by the Competition Bureau?
Q3) Daphne runs a foodservice company, Le Monde Café, and believes that key suppliers are refusing to deal with her on critical items she needs for the business.Assuming that the requirements for the reviewable practice of refusal to deal under the Competition Act are satisfied, she can obtain a cease-and-desist order against the suppliers through a private action before the Competition Tribunal with leave of the Tribunal.
A)True
B)False
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Chapter 25: Individual Employment
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Q1) Jerry is a 21-year-old waiter in Ontario.He is entitled to the same minimum wage as he would be if he lived in Quebec.
A)True
B)False
Q2) Which of the following is the clearest example of sexual harassment?
A)the employer paying women a lower rate to do the same work
B)the employer requiring all women sales personnel to attend an evening cocktail party
C)the employer intentionally asking a female colleague rather than a male colleague to attend a business dinner
D)one colleague joking with another for the third time about going on a romantic weekend getaway together
E)a worker complimenting another worker on that worker's new clothes
Q3) Chloe lives in Quebec.Her employer recently asked her to work on Canada Day.If she takes the shift, she is entitled to additional pay.
A)True
B)False
Q4) What is a release? Who signs it? The employer or the employee? Why?
Q5) List several items that may be included in an employee's severance package.
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Chapter 26: Organized Labour
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Q1) Local 66 have recently been certified to represent the employees of a large manufacturing company.An employee, Shep, expresses his dissatisfaction with the union.Unfortunately for Shep, he will not be able to bargain on his own behalf with his employer.
A)True
B)False
Q2) Explain the difference between disciplinary and non-disciplinary action by an employer.Provide examples of each.In what context does this distinction arise?
Q3) Which of the following is an example of secondary picketing?
A)university faculty picketing in front of various university buildings as part of a strike action
B)striking employees of a large hotel chain picketing at other hotels in the same chain
C)public service workers picketing on Parliament Hill
D)employees of a factory picketing in front of the factory's biggest supplier
E)anti-poverty activists protesting at a provincial legislature
Q4) From where do arbitrators obtain authority to award remedies? Identify and describe three important remedies that arbitrators can award in labour disputes.
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Chapter 27: Online: Special Contracts: Negotiable Instruments
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Q1) Kelly drew a cheque for $10 000 on her account at the Bank of Sudbury.She used that cheque to buy a widget from Joe.Joe presented the cheque to the Bank of Sudbury and received $10 000 in cash.The bank now realizes that it made a mistake because the balance in Kelly's account was never more than $2000.The bank therefore is entitled to recover from Joe the money that it paid to him by mistake.
A)True
B)False
Q2) Chris fraudulently induced Lucianna into drawing a cheque for $10 000.Chris then negotiated the cheque to Kenneth, who is a holder in due course.Is Kenneth entitled to receive payment on the cheque? Do you need any more information before answering that question? Explain your answer.
Q3) Although you agreed to sell a widget to me, you are concerned about actually receiving payment.Discuss the main advantages and disadvantages of receiving payment from me in the form of cash or a simple cheque.
Q4) A share certificate may be a type of negotiable instrument.
A)True
B)False
Q5) What is the difference between a demand draft, a sight draft, and a time draft?
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