T/F

Question 1

The method of law making based on previous court decisions is known as the “common law“

Answer 1

True

Question 2

The human rights commission is an example of a judicial Tribunal

Answer 2

False

Question 3

The bankruptcy and insolvency act provides an alternative to bankruptcy called a “proposal“

Answer 3

True

Question 4

As a general rule parents are not responsible for the torts of their children

Answer 4

True

Question 5

The “love thy neighbour doctrine“ was enacted in the case of “rylan vs Fletcher“ a decision of the house of lords of England

Answer 5

False. Donohue vs Stevens

Question 6

A security agreement must be registered under the PPSA to be affective against the original and subsequent purchasers

Answer 6

True

Question 7

Tenancy in common is a form of coal ownership when one of the parties dies: the other takes the whole property

Answer 7

False

Question 8

And assault is known as a dual offence

Answer 8

True

Question 9

Contracts of insurance and partnership are contracts of uberrima fidei

Answer 9

True (utmost faith)

Question 10

A healthcare directive is the same as a living will

Answer 10

True

Question 11

No one should invest in a limited partnership unless they are prepared to participate in its management

Answer 11

False - once they participate they lose status as limited partner

Question 12

A partnership is not always created by a formal agreement between the partners

Answer 12

True

Question 13

The presumption of undue influence applies to all contracts when alleged

Answer 13

False. Only contracts with specific relationships

Question 14

The law of bailment applies to storage of goods and excludes transit of goods

Answer 14

True

Question 15

All contracts made by an infant are void or avoidable

Answer 15

False. Liable for necessaries

Question 16

A corporation is known as a firm and thus does not terminate upon the death of the majority shareholder

Answer 16

False - only “firm” is used when referring to partnership

Question 17

Mens Rea is an essential ingredient in misrepresentation

Answer 17

False. Key in misrepresentation = without knowledge.

Question 18

A formal contract is one which is written and witnessed by at least two persons

Answer 18

False. Is one which is sealed

Question 19

An interest rate set at 2% per month is enforcible at law

Answer 19

False. Needs to be per annum to be enforceable.

Question 20

Liquidated damages are fixed by the court if the parties to a contract cannot agree in the amount of damages

Answer 20

False

Question 21

The Power of a Corporation to a contract may be restricted by its articles of Association

Answer 21

True

Question 22

A contract of indemnity need not be evidenced in writing

Answer 22

True

Question 23

The Competition Act prohibits private corporations from registering as an extra provincial corporation

Answer 23

False

Question 24

A gratuitous promise is never in forcible unless it is placed under seal

Answer 24

False

Question 25

A Holograph will is valid as long as it is wholly signed in the hand writing of the testator and signed by him without the necessity of witnesses

Answer 25

True

Question 26

A power of attorney, if properly made out, continues to be valid even after the death of a person for granted it

Answer 26

False - dies with person

Question 27

An “invitation to treat” is not an offer at law

Answer 27

True

Question 28

All contracts which cannot be completed within one year of its date fall inside the “statue of frauds“

Answer 28

True

Question 29

An “offer to purchase” and an “irrevocable offer” have the same legal affect

Answer 29

False

Question 30

When the doctrine of part performance is established, verbal contract for the purchase of land are enforcible

Answer 30

True

Question 31

The postal acceptance rule applies only when a letter of acceptance is deposited at the post office

Answer 31

False - could be a PO Box

Question 32

Privity of contract, means that only those who are parties to a contract can either enforce the rights and obligations it contains

Answer 32

True

Question 33

The Partnership Act will supersede the written terms of a partnership agreement

Answer 33

False

Question 34

A fee simple is the closest concepts to complete ownership of land

Answer 34

True

Question 35

I’ll contract in restraint of trade are unlawful

Answer 35

False (lawful if it is reasonable to enforce)

Question 36

Assault and battery must both have a violent element

Answer 36

False

Question 37

False imprisonment is a partial restraint of free movement, without lawful justification, against the persons will

Answer 37

False - is total restraint

Question 38

Qualified privilege and titles in infants to declare a contract void or voidable

Answer 38

False

Question 39

Genuine intention to contract is not voided if there is a mutual mistake as to the existence of the subject matter

Answer 39

False

Question 40

A “dependent“ under the dependants relief act applies to children under the age of 18 years and exclude children over the age of 18 years

Answer 40

False

Question 41

And occupier of land has a duty to care to all classes of person to come onto the land

Answer 41

True (level varies tho, trespasser has less protection)

Question 42

Where a person dies without leaving a will, the survivorship act governs the distribution of the estate

Answer 42

False - Intestate Succession Act

Question 43

Bankruptcy and insolvency do not mean the same thing

Answer 43

True (insolvency is a financial state. Bankruptcy means debts exceed 1K and no way to pay)

Question 44

Extension in negligence law, of liability beyond the original wrong door, is known as vicarious liability

Answer 44

True

Question 45

A partnership is known as a firm and this does not terminate upon the death of one of his partners

Answer 45

False - does terminate

Question 46

The presumption of undue influence applies to all contracts made by individuals in specific relationships only

Answer 46

False

Question 47

Until a bankruptcy is discharged by the courts, the bankrupt is not released from his or her debts

Answer 47

True

Question 48

Bailment is a special arrangement, between a person who owns or lawfully possesses a chattel and another person who is given possession of the chattel for a specific purpose

Answer 48

True

Question 49

A security agreement must always have been registered to be effective against the original and subsequent purchasers

Answer 49

True

Question 50

Strict liability is no longer imposed as law today

Answer 50

False

Question 51

A formal contract is one where, if the terms of the offer and acceptance are set forth in writing, it may not be under seal

Answer 51

False

Question 52

All contracts which can be completed within one year from their date fall within the statute of frauds

Answer 52

False

Question 53

A contract of guarantee need not be evidence in writing if the guarantee is made in the presence of two witnesses

Answer 53

False

Question 54

The application of the doctrine of part performance is a means of avoiding the requirements of the statute of frauds

Answer 54

True

Question 55

The tort of defamation is better known as libel and slander

Answer 55

True

Question 56

An injunction may be ordered by the court in a situation where there is a breach of a clause in the contract and general restraint of trade

Answer 56

True

Question 57

Impossibility in the performance of a contract is the same as frustration of contract

Answer 57

True

Question 58

A right of election at law means all persons, age 18 or over, have a right to vote

Answer 58

False - means the have a right to chose where they want to go to trial

Question 59

And occupier of land always the highest degree of protection to an invitee

Answer 59

True

Question 60

The provincial court has absolute jurisdiction over all summary conviction matters

Answer 60

True

Question 61

The consumer protection act abolishes the parole evidence rule

Answer 61

True - when dealing with retailer not private sales