Chapter 7: The Terms of a Contract
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Q1) Entire contract clauses are used to ensure that the parole evidence rule applies to the contract.
A)True
B)False
Q2) Rumpel Lawn Care Inc. has had contractual relations with Rudy for many years. Rudy left a message asking Rumpel to include an organic weed inhibitor in the next lawn dressing mix applied to his lawn and to just add whatever charge there would be to his regular bill. What would you expect a risk manager is likely to advise Rumpel in this regard?
A) to negotiate the interest rate at the time business is transacted
B) that a court would imply a term requiring payment of the new sum
C) that a court will automatically impose a common law implied term of good faith
D) to clarify the contractual relationship each time business is transacted
Q3) It can be very difficult to predict how a court will interpret any given contract because the principles for interpreting the rules of a contract are guided by conflicting rules of construction.
A)True
B)False
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Chapter 8: Non Enforcement of Contracts
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Q1) What is the definition of the legal term "voidable contract"?
A) a contract that cannot be enforced because it is contrary to legislation or public policy
B) a contract that fails to meet the requirements imposed by the Statute of Frauds
C) a contract that fails to meet the requirements imposed by the Sale of Goods Act
D) a contract that allows an aggrieved party to choose to keep it in force or bring to an end
Q2) When applying for life and disability insurance protection on her mortgage, Marabou neglected to disclose that she had been diagnosed with type 2 diabetes. As players in the commercial contractual area have a duty to look after their own interests, the insurance policy will be enforced should she become disabled or die as a result of the undisclosed pre-existing condition.
A)True
B)False
Q3) What is an "electronic signature," and is it legally valid?
Q4) When is a contract considered to be contrary to public policy? Give an example.
Q5) What must be proven in order to have a contract set aside for misrepresentation?
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Page 10
Chapter 9: Termination and Enforcement of Contracts
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Q1) Lelainy and Trax Green hired Jamey, owner of WeBuild4U Inc., to construct their new family home. Construction is underway, but the Greens have decided they would like to modify the contract by upgrading to marble countertops throughout the home. Identify and briefly explain how the Greens should proceed and what the traditional common law approach will require of them in order to ensure contractual enforceability. Identify any common law jurisdiction whose court has taken a modern approach to these contractual circumstances and briefly explain what that approach entails.
Q2) Howard received $12 000 of the $39 000 price for his rare, impeccably maintained antique 1976 Jaguar XL from Wyn. Wyn will be able to add the Jaguar to her classic car collection upon payment of the balance, due 30 days from the signing the contract. Prior to that date, Philip paid Howard $45 000 outright in exchange for the Jaguar. What amount of damages could you be reasonably certain of a court awarding to Wyn?
A) $6000
B) $12 000
C) $18 000
D) $45 000
Q3) Identify four situations in which the equitable remedy of an order for specific performance may not be available.
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Chapter 10: Introduction to Tort Law
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Q1) Which of the following is synonymous with the legal term "exemplary damages"?
A) special damages
B) pecuniary damages
C) punitive damages
D) general damages
Q2) What are the categories of pecuniary damages that may be awarded in accordance with tort law?
A) compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour
B) compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy
C) compensation for out-of-pocket expenses, loss of future income, and cost of future care
D) no-fault compensation for injured employees in lieu of their right to sue
Q3) What is the common law rule regarding the availability of compensation when the plaintiff's contributory negligence contributed to his/her injury? How has this been changed by legislation?
Q4) Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by the subsequent use of a defective product.
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Chapter 11: The Tort of Negligence
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Q1) Which of the following is synonymous with strict liability with respect to Canadian negligence law?
A) vicarious liability
B) public liability
C) contributory liability
D) prima facie liability
Q2) Having to prove that for no other reason than for acting on a duty of care owed to them, a party suffered injury or loss is known as the "but for" test.
A)True
B)False
Q3) Which of the following is a question that must be answered in the affirmative in order to establish actionable circumstances of negligence?
A) Was the omission the cause of the other's injury?
B) Was the logical consequence proof of intended negligence?
C) Did the defendant deliberately cause another misfortune?
D) Did the defendant deliberately breach the standard of care?
Q4) Briefly describe how a prima facie duty of care is established.
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Chapter 12: Other Torts
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Q1) A court released Raven from her contract and awarded $33 000 in damages arising from harm flowing from her reliance on deliberate misrepresentations. What is the cause of action represented by these circumstances?
A) deceit
B) deception of the pubic
C) existence of goodwill
D) passing off
Q2) The act of coming onto another's property without the occupier's express invitation or implied consent gives rise to the tort of invasion of privacy.
A)True
B)False
Q3) Which of the following is synonymous with a warranty that "the premises are as safe as reasonable care and skill on the part of anyone can make them"?
A) a duty owed to an occupier's licensee
B) a duty owed to a contractual entrant
C) a duty owed to anyone who is a visitor
D) a duty owed to an occupier's invitee
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Chapter 13: The Agency Relationship
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Q1) The application of which of the following is most likely to be created by the liability arising from agency principles with respect to employees and independent contractors?
A) the doctrine of vicarious liability
B) the common law principle of agency
C) the common law neighbour principle
D) the doctrine of primary liability
Q2) The individual who permits another to act on his or her behalf is legally known as a principal.
A)True
B)False
Q3) Actual authority is a relationship that exists when one party represents another party in the formation of legal relations.
A)True
B)False
Q4) An agent that has been given actual authority has the legal capacity to bind the principal to contractual relations with outsiders.
A)True
B)False
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Page 15
Chapter 14: Business Forms and Arrangements
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Q1) Rose, Lily, and Fawn were shareholders in Style Co., an incorporated company with limited liability. Each bought one-third of the shares in Style Co. for an aggregate payment of $15 000 each. The corporation borrowed $60 000 from the bank to finance its operations. The bank required personal guarantees from all shareholders for the full amount of the loan. Style Co. became insolvent, and the bank ultimately sued each of the shareholders to recover the $60 000. In receiving advice from their lawyer, what amount would he most likely indicate to be the maximum amount that could be recovered from any one of them?
A) $0
B) $15 000
C) $20 000
D) $60 000
Q2) In what manner are a sole proprietorship and a partnership similar?
A) There is no legislated regulation affecting either.
B) Both require special steps to create.
C) Neither is a legal entity with capacity to contract.
D) Both require regulation of their profit motives.
Q3) Briefly discuss the liability of the partners for a breach of contract, including, among other things, the key point from this perspective.
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Page 16
Chapter 15: The Corporate Form: Organizational Matters
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Q1) Discuss the requirements in all incorporating jurisdictions with respect to a corporation's name.
Q2) What must be present with respect to each class of shares issued by a corporate entity?
A) the right to receive dividends, to vote, and to share in the proceeds on dissolution
B) the right to receive preference shares, to vote, and to participate in winding up
C) the right to vote, the right to preference on dissolution, and the right to share dividends
D) the right to vote, to receive remuneration, and to share in the proceeds on dissolution
Q3) What is the role of the NUANS report?
A) It is a document that is useful to a corporation having to choose a name quickly.
B) It is a document that permits a corporation to be assigned a numbered name.
C) It provides a newly updated automated search of similar businesses.
D) It provides a newly upgraded automated name search of proposed conflicts in business names and trademarks.
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Chapter 16: The Corporate Form: Operational Matters
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Q1) What is the most important factor that contributes to a minority shareholder's ability to commence a derivative action?
A) The action must arise from discrimination against minority shareholders.
B) The action must be a pursuit of proper and adequate disclosure of material information.
C) The action must arise as a direct result of a fundamental change to the corporation.
D) The action must be in the corporation's cause as a result of some injury to it.
Q2) Identify and briefly explain the amendments to the Criminal Code regarding the level of fines that may be imposed on a corporation as a result of a positive finding of that corporation's criminal liability.
Q3) What is the role of the fiduciary principle in matters with respect to corporate law relating to governance?
A) to impose duties owed to the board of directors
B) to impose duties owed to the corporation
C) to uphold duties owed to creditors
D) to uphold duties owed to a group of shareholders
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18
Chapter 17: Personal Property
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Q1) Insurance coverage is bought through the payment of premiums and is described in the insurance policy.
A)True
B)False
Q2) Identify the risks relating to personal property.
Q3) What is the most significant aspect of a bailment contract?
A) It provides remedies for the failure to perform obligations.
B) It reduces serious defects affecting contractual formation or performance.
C) It limits the liability that common law rules of bailment create.
D) It avoids legal complications for damage or loss of bailed property.
Q4) What is the legal term for a defect that no one in a distribution chain could reasonably have foreseen?
A) a languishing defect
B) a passive defect
C) a latent defect
D) a patent defect
Q5) Identify the elements that are applied to determine the liability of bailees.
Q6) Explain what a court will be require in order to determine who is responsible for damaged goods and for how much.
Q7) Describe bailment, and discuss its key issues.
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Chapter 18: Intellectual Property
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Q1) Paulette's patent agent submitted her patent application to the Canadian patent office (CPO). The CPO stamped the application, noting a June 1, 2013, filing date. What must Paulette do so that her patent application won't be deemed abandoned?
A) remit payment of patent maintenance fees annually each June
B) request a delay for time to test the invention in the market
C) request the requisite examination prior to June 1, 2018
D) require the use of "patent pending" on her invention
Q2) A court will grant an injunction before trial in a matter involving the alleged infringement of intellectual property as long as the plaintiff has demonstrated that there is a serious issue to be tried, irreparable harm may be caused, and the balance of convenience favours the applicant.
A)True
B)False
Q3) Briefly discuss how entitlement to the registration of a trademark is established.
Q4) A licence of intellectual property permits the transfer of a right by an assignor to the assignee.
A)True
B)False
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Page 20
Chapter 19: Real Property
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Q1) What is the major consequence of the creation of a lease?
A) a specified term of tenancy
B) an increase in the value of property
C) contractual obligations
D) exclusive possession
Q2) Marina has given the required 90 days' notice that she will not be renewing her lease to her landlord. Marina's business has leased space from this landlord under a periodic tenancy arrangement.
A)True
B)False
Q3) What is the legal term for the legal interest considered to be the closest to full ownership in real property?
A) joint tenancy
B) fee simple
C) tenancy in common
D) deeded title
Q4) Identify and briefly discuss the key attributes that the value of land results from, and explain what determines value based on the type and location of land.
Q5) Briefly discuss joint tenancy.
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Chapter 20: The Employment Relationship
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Q1) Renee's employer operates on a policy of promoting from within based on seniority and the ability to competently perform in the position. Renee is 55 years old, and her seniority and experience place her first in line for a promotion to a newly vacant position. She has been informed by her employer that a younger person is preferred for the position. How should Renee pursue recourse in these circumstances?
A) file a complaint with her provincial human rights commission
B) file a complaint with the Canadian Employee Rights Commission
C) file a lawsuit
D) file a complaint with her union's representative
Q2) Which of the following is a form of discrimination that all governments, with the exception of Ontario and Quebec, have failed to address with respect to the employment circumstances of Canadian women employed in the private sector?
A) sexual harassment
B) employment equity
C) employment insurance
D) pay equity
Q3) Briefly describe the phases involved in an employer's hiring process, and indicate what legal issues may arise and their consequences.
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Chapter 21: Terminating the Employment Relationship
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Q1) Employment standards legislation typically provides that an employee is, on average, entitled to receive one month's notice for each year of employment, up to a maximum of 24 months.
A)True
B)False
Q2) Which of the following is required to determine whether an employee's conduct justifies dismissal?
A) disobedience in a matter of substance
B) conduct prejudicial to the employer's business
C) assessment of context and circumstances
D) conduct that is incompatible with duties
Q3) Contrast the employment standards legislation provision of reasonable notice for lower-level employees with that of mid-level employees.
Q4) Discuss the benefits that may be derived by both parties from a termination settlement.
Q5) Joseph's employer may issue notice of termination of his employment while he is on parental leave from his position.
A)True
B)False
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Chapter 22: Professional Services
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Q1) Identify the profession that has experienced a movement toward client demand for value-based services. Identify and briefly explain the linking process that may allow the client's goal of value-based services to be achieved.
Q2) How has the Supreme Court of Canada limited the potential for third-party claims for economic loss (in the Hercules Managements v. Ernst & Young case)?
Q3) What was the traditional position of the courts to deny the claims of third parties based on?
A) disputes over varying levels of expertise required
B) a policy to protect the economic viability of the professions
C) a burden of proof pertaining to the causality of the loss
D) disputes over who should determine the standard of care
Q4) List the ways in which professionals can manage risk arising from their professional responsibilities.
Q5) An advance payment requested by a professional from a client is typically required prior to the professional performing any work on the client's behalf.
A)True
B)False
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Page 24
Chapter 23: Sales and Marketing: the Contract, Product, and Promotion
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Q1) Which of the following remains as both a valid concern to consumers and a valid criticism of the product warnings required under the Hazardous Products Act?
A) There is a shift to pre-market review from the continuous assessment of therapeutic product risks.
B) The market is poorly regulated, if at all, by manufacturers and importers of products.
C) New offences for communicating false or reckless information as truth are being created.
D) Health care institutions are being forced to report adverse reactions to therapeutic products.
Q2) Which of the following is considered to be a valid limitation of sale of goods legislation?
A) imposition of a strict warranty of durability for a reasonable period of time
B) failure to permit contracting out of implied terms
C) failure to address pre-contractual terms
D) imposition of stronger warranties relating to quality and fitness for purpose
Q3) Discuss regulation relating to the product component of the marketing mix.
Q4) Briefly discuss the role of a bill of lading.
Q5) Briefly discuss the right of repudiation with respect to the sale of goods.
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Chapter 24: Sales and Marketing: Price, Distribution, and Risk Management
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Q1) Discuss when an advertiser may legitimately claim a price to be the "ordinary price" of a product.
Q2) False, misleading, or deceptive advertising or claims are sources of legal risks that arise from marketing promotion activities.
A)True
B)False
Q3) What aim is met by regulating prices set between producers/growers and users?
A) to manage exposure to legal risk in the context of marketing
B) to create a distinction between criminal offences and reviewable matters
C) to ensure consumers receive the lowest possible fair market price
D) to protect the right to negotiate prices through a supply chain
Q4) In Canada, what distinguishes allowable business mergers, acquisitions, and takeovers from harmful, monopolistic expansion activities using the same merger, acquisition, or takeover methods?
A) a genuine selling opportunity
B) timely disclosure
C) a fine line
D) multi-level marketing
Q5) Discuss the criticisms surrounding the Scanner Price Voluntary Code.
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Chapter 25: Business and Banking
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Q1) Which of the following is synonymous, in legal terms, with the concept that liability for payment of a negotiable instrument is independent of the original debtor-creditor relationship?
A) A negotiable instrument has a life of its own.
B) Each cheque is valuable evidence of contractual obligations.
C) There is always good reason for liability to be borne by the other party.
D) It is convenient and dependable for commerce.
Q2) Which of the following formerly applied to banks, trust companies, stockbrokerages, and insurance companies?
A) participation by banks and trust companies in the insurance sector
B) liberal ownership rules for national banking institutions
C) prohibition from conducting business beyond a sector
D) ability of subsidiary companies to sell insurance on websites
Q3) Which of the following would be most strongly influenced by an honoured cheque?
A) centralized clearing process
B) inadequate funds in an account
C) evidence of discharge of a debt
D) unambiguous payment instructions
Q4) Briefly discuss the legislative amendment that applied to consumer notes and its ramifications.
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Chapter 26: The Legal Aspects of Credit
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Q1) Which of the following is a commonality shared by buildings and inventory with respect to financing a business?
A) Each is subject to a particular set of enforcement procedures.
B) Both can serve as collateral for business loans.
C) Both are commonly used in letters of credit to distribute default risk.
D) Each is subject to a particular set of legal rules.
Q2) Which of the following would strongly influence the borrower's ability to challenge an improvident sale?
A) the borrower's right to an ongoing accounting of the state of the loan
B) the Ombudsman for Banking Services and Investments (OBSI)
C) the creditor's insistence on the provision of personal guarantees from a borrower's owners
D) the Model Code for Bank Relations with Small- and Medium-Sized Businesses
Q3) Discuss the letter of commitment and describe the basic terms that are detailed in this type of financing document.
Q4) Briefly explain what a letter of credit is and discuss the requirements that this type of financing arrangement involves.
Q5) Briefly explain what an acceleration clause is, what it does, and the incentive it provides.
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Chapter 27: Bankruptcy and Insolvency
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Q1) In what way are a debtor, a creditor, and a trustee treated similarly under the Bankruptcy and Insolvency Act?
A) All may commit criminal violations known as bankruptcy offences.
B) All may commit a bankruptcy offence by violating specific duties established in law.
C) All commit a bankruptcy offence if they accept payments exceeding their entitlement.
D) All commit a bankruptcy offence if they acting in a conflict of interest.
Q2) What would be the first step a trustee undertakes following the granting of a receiving order in order to identify and protect assets and identify liabilities?
A) give public notice of the bankruptcy
B) conduct a detailed examination of book debts
C) secure the business premises and inventory
D) prepare appropriate statements
Q3) Explain the criteria that must be met before a debtor will be recognized as insolvent under the Bankruptcy and Insolvency Act.
Q4) Describe the formal actions available to creditors that allow them to remedy a borrower's default on loan repayments.
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Chapter 28: Insurance
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Q1) Upon which of the following qualifications being met on an ongoing basis is insurance protection dependent?
A) the worthiness of the insured
B) the financial health of the insurer
C) the insured's need for insurable protection
D) the payment of insurance premiums
Q2) Which of the following must be present at the outset of an insurance policy in order to validate the addition or alteration to the standard coverage?
A) endorsement
B) rider
C) no-fault provision
D) exclusion clause
Q3) Which of the following is required by provincial law to have insurance for liability arising from its ownership, use, and operation?
A) a laundromat
B) a car wash
C) an automobile owner
D) a product manufacturer
Q4) Identify and briefly describe the basic kinds of insurance.
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