PROTECTED- PPE EXAM MATRIAL.pdf

Question 1 1 out of 1 points Which of the following is a remedy available in a civil court case? Selected Answer: Specific performance Answers: Pa...

Question 1 1 out of 1 points Which of the following is a remedy available in a civil court case? Selected Answer: Specific performance Answers: Payment of money into Court Payment of a fine Specific performance Payment of an award Question 2 1 out of 1 points The Canadian Charter of Rights and Freedoms protects our rights and freedoms. Which one of the following is NOT a right or freedom protected by the Charter? Selected Answer: Post-secondary education rights Answers: Language Rights Post-secondary education rights Equality rights Mobility rights Question 3 1 out of 1 points The torts of slander and libel are grouped under the term defamation. Which one of the following would NOT be accepted as a defence for defamation? Selected Answer: Repeating the statements of others Answers: Repeating the statements of others Qualified privilege Absolute privilege True statements Question 4 0 out of 1 points When a defendant can prove volenti non fit injuria, the plaintiff would be awarded damages described best by which one of the following? Selected Answer: No monetary damages but other damages may be awarded. Answers: 100% of damages sought No damages. No monetary damages but other damages may be awarded.  Monetary damages but no other damages may be awarded. Question 5 0 out of 1 points Appeals to the Supreme Court of Canada can be made from decisions of the following: Selected Answer: All of the choices Answers: Tax Court of Canada All of the choices Provincial Superior Courts Provincial Courts of Appeal Question 6 0 out of 1 points Which one of the following is NOT correct? Selected Answer: The word "tort" means a civil wrong. Answers: The word "tort" means a civil wrong. The law of torts imposes duties and rights on individuals in society with respect to their conduct Third parties, if they are affected by a contract, may take tort action to obtain compensation A tortfeasor can be imprisoned for a civil wrong Question 7 0 out of 1 points An engineering technologist working on a construction project might be deemed to have a duty of care to a number of parties in the event of a structure failure. Which one of the following would probably NOT be owed a duty of care? Selected Answer: The contractor Answers: The municipality in which the site is located. Employees at the site who are injured. Members of the public injured in the structure's failure. The contractor Question 8 0 out of 1 points Lacking a close connection between a wrong and the injury resulting from the wrong: Selected Answer: Damages Answers: Damages Res ipsa locquitor  Remoteness Deceit Question 9 1 out of 1 points A legal obligation to exercise caution when certain types of conduct carry the risk of harm to others: Selected Answer: Duty of care Answers: Strict liability Standard of care Risk management Duty of care Question 10 1 out of 1 points If two parties want to have a dispute resolved by a third party , which would be binding on both parties, but they don't want to go to Court, which one of the following dispute resolution methods would they choose? Selected Answer: Arbitration Answers: Mediation Arbitration Negotiation Litigation Question 11 0 out of 1 points Linda, a driver for Swift Transportation, causes a five-car accident on Highway 401. Linda and Swift are liable to? Selected Answer: All those who are injured Answers: Only those who do not have insurance. Only those whose injuries could reasonably have been foreseen. Only those whose cars were immediately ahead and behind Linda's vehicle. All those who are injured Question 12 0 out of 1 points Which of the following statements is NOT correct?  Selected Answer: The primary purpose of tort law is to compensate victims of tortious activities Answers: The primary purpose of tort law is to compensate victims of tortious activities Criminal law is responsible for any punishment due to a party causing harm to society. Contract law deals with an agreement between two persons which places obligations on each party Tort law is intended to punish those responsible for the action that causes harm. Question 13 0 out of 1 points Intentionally damaging the car of someone who has parked it on the street in front of their house is? Selected Answer: trespass Answers: conversion Trespass to chattels detinue trespass Question 14 0 out of 1 points There are two types of nuisance - public nuisance and private nuisance. Which one of the following would NOT be considered a private nuisance? Selected Answer: Sewer construction blasting causes cracks in the foundation of a nearby house. Answers: Sewer construction blasting causes cracks in the foundation of a nearby house. Your neighbour establishes a home business which produces bad smells. Blocking an access road to an old growth forest to prevent logging Construction next door causes your fence to topple into the excavation. Question 15 1 out of 1 points An insurance company was found liable for denying valid claims for disability insurance coverage. The company was ordered to pay compensatory damages to a group of plaintiffs. To "make an example" of the insurance company, the Court also ordered the insurer to pay an additional $10 Million to deter other insurance companies from denying valid claims. The $10 Million award is an example of: Selected Answer: Punitive damages Answers:  Punitive damages Economic damages Statutory damages General damages Question 16 1 out of 1 points Which of the following is an example of the tort of trespass? Selected Answer: Sean hunts on Sam's land without asking permission. Answers: Joe borrows Jack's car after Jack asks him to go to the store and buy milk Lisa walks into Heather's house to attend a party Heather has invited her to. Sean hunts on Sam's land without asking permission. Shelley walks on the sidewalk in front of Mo's house. Question 17 0 out of 1 points What is first required in order to determine whether a breach of a duty of care has occurred? Selected Answer: Proof that the defendant was responsible for the harm done Answers: Proof that the defendant is a qualified professional Proof that the defendant was responsible for the harm done A determination whether there was a hazardous nature to the project. A determination of what the appropriate standard of care would be, given all the facts of the case. Question 18 0 out of 1 points Contributory negligence occurs when: Selected Answer: The defendant is solely responsible for the damage Answers: A share of responsibility is allocated to parties other than the plaintiff and defendant. The degree of fault is apportioned between two or more persons who jointly caused the damage The defendant is solely responsible for the damage A manufacturer contributes to product liability Question 19 1 out of 1 points What is an appeal?  Selected Answer: A review of a criminal or civil trial at the request of either party involved in the case in order to obtain a different decision and/or a different sentence/remedy Answers: A review of a criminal or civil trial at the request of either party involved in the case in order to obtain a different decision and/or a different sentence/remedy A review of a criminal trial at the request of the accused A request from either party in a civil or criminal trial to ask the judge to change his or her mind A review of the proceedings of a trial, on the initiative of the judge, because he or she is not satisfied with the outcome Question 20 1 out of 1 points A principle of law that shifts the burden of proof from the plaintiff to the defendant when the plaintiff proves an obvious situation and thereby raises a presumption of negligence against the defendant: Selected Answer: Res ipsa loquitor Answers: Volenti non fit injuria Res ipsa loquitor Habeas corpus Caveat emptor Question 21 1 out of 1 points Andrew throws a baseball toward Barry, with whom he is playing catch. Andrew's aim is bad and his ball hits Cassandra, who is walking nearby. Selected Answer: Andrew has not committed battery against Cassandra because he did not intend to harm her. Answers: Andrew has not committed battery against Cassandra because the contact he intended to make with Barry was not tortious because Barry consented to it. Andrew has not committed battery against Cassandra because he did not intend to harm her. Andrew has committed battery towards Cassandra because his intention to hit Barry with the ball is transferred to Cassandra. Andrew has committed battery against Cassandra because he intended to throw the ball, which hit her. Question 22 1 out of 1 points For a statute to pass and become law, Royal Assent must be provided as a last step. Who needs to provide that Royal Assent? Selected Answer: Governor General  Answers: Supreme Court of Canada Parliament Prime Minister Governor General Question 23 1 out of 1 points The tort of detinue involves: Selected Answer: Personal property Answers: Real property Damage to property Personal property Negligence Question 24 1 out of 1 points Aaron is the kicker on his college football team. Biff, one of the players on the opposing team, runs into Aaron as he is kicking the ball. Aaron is injured. Biff's team is penalized 15 yards for roughing the kicker. Which of the following most accurately states the likely outcome if Aaron sues Biff for the tort of battery? Selected Answer: Although Biff's contact with Aaron was outside the rules of the game, Aaron must be taken to have consented to it because it was within the range of ordinary contact to be expected in a game. Answers: Although Biff's contact with Aaron was outside the rules of the game, Aaron must be taken to have consented to it because it was within the range of ordinary contact to be expected in a game. Aaron's action will fail because he must be taken to have consented to physical contact, even rough physical contact, by agreeing to play football. Aaron's action will succeed because Biff's contact with him was forbidden by the rules of the game. Aaron's action will succeed because he did not consent to contact that was not permitted by the rules of the game. Question 25 1 out of 1 points Theft over $5,000 is? Selected Answer: an indictable offence Answers: a hybrid offence a felony an indictable offence  a summary conviction offence Question 26 0 out of 1 points Which one of the following statements regarding the burden of proof in a tort action is NOT correct? Selected Answer: The case must be proven on the basis of a balance of probabilities Answers: The case must be proven on the basis of a balance of probabilities The defendant must prove that he/she is not liable. The plaintiff must show that his or her version of the facts is the most probable and therefore most acceptable to the Court. The plaintiff must provide supporting evidence and prove a case based on duty of care, breach of duty of care and causation. Question 27 1 out of 1 points Occurs when a party makes a false statement, knowing it to be false or without believing it to be true, with the intention that another party act on it and the other party actually acts on it: Selected Answer: Deceit Answers: Libel Slander Vicarious liability Deceit Question 28 1 out of 1 points Covers situations where the defendant is deemed to have caused harm or injury to another party, irrespective of the defendant's blame: Selected Answer: Strict liability Answers: Damages Negligence Tort Strict liability Question 29 0 out of 1 points Federal Judges are: Selected Answer: Appointed by the Supreme Court of Canada Answers: Appointed by the Supreme Court of Canada  Appointed by the Government of Canada Elected by Members of Parliament Appointed by the Senate Question 30 0 out of 1 points The degree of caution expected of a reasonable person when carrying out an action that involves risk of harm to others: Selected Answer: Duty of care Answers: Fiduciary duty Duty of care Strict liability Standard of care Question 31 0 out of 1 points Diana is a passenger in a car driven by Henri, whose negligence causes an accident, injuring himself. Diana, who is not injured in the accident, decides to accompany Henri to the hospital in a fast ambulance. The ambulance is hit by a car driven by Dodi, injuring Diana. Diana files a lawsuit against Henri. What is Henri's best defence? Selected Answer: Contributory negligence Answers: Remoteness Negligence Volenti non fit injuria Contributory negligence Question 32 1 out of 1 points Occurs when a person is held responsible for the tort of another, even though the person being held responsible has done nothing wrong: Selected Answer: Vicarious liability Answers: Strict liability Vicarious liability Remoteness Contributory negligence Question 33 0 out of 1 points An appeal from a Provincial Superior Court goes to?  Selected Answer: Supreme Court of Canada Answers: Federal Court of Appeal Federal Court Supreme Court of Canada None of these choices Question 34 1 out of 1 points Statute law is created by: Selected Answer: Parliaments Answers: Courts Administrative tribunals The Senate Parliaments Question 35 1 out of 1 points Verbal or spoken defamation: Selected Answer: Slander Answers: Slander Privilege Deceit Libel Question 36 0 out of 1 points In the Palsgraf v. Long Island Railway case, where a package of fireworks was dropped when a railroad employee helped a passenger onto a train and the resulting explosion injured Palsgraf, why did the courts decide in favour of Long Island Railway? Selected Answer: Palsgraf was not yet on the train and so she was not yet the railroad's responsibility Answers: Palsgraf was not yet on the train and so she was not yet the railroad's responsibility The accident was not caused directly by the railroad employee Palsgraf was a passenger and the fireworks belonged to another passenger and not the railroad The railroad employee was unaware of the package contents and could not have reasonably foreseen the consequences of his actions  Question 37 1 out of 1 points Which one of the following would not be accepted as a defence to the torts of libel and/or slander? Selected Answer: Privileged comment Answers: Qualified privilege Fair comment Privileged comment Absolute privilege Question 38 0 out of 1 points Which defendant might use the defence of absolute privilege? Selected Answer: A publisher who is sued because of a statement made by one of its political columnists. Answers: A theatre critic who describes a famous actor's poor performance as being the result of his drug addiction. A publisher who is sued because of a statement made by one of its political columnists. A teacher who writes a letter of reference for an ex-student implying that the student is lazy and unintelligent. A member of Parliament for a statement made in the House of Commons about an opposition member. Question 39 1 out of 1 points The legal principle that no harm is done to one who consents - a defence to negligence that the plaintiff voluntarily accepted the risk: Selected Answer: Volenti non fit injuria Answers: Vicarious liability Strict liability Volenti non fit injuria Res ipsa loquitor Question 40 1 out of 1 points Which one of the following is NOT a recognized means of alternate dispute resolution? Selected Answer: Litigation Answers: Mediation  Arbitration Litigation Negotiation Question 41 0 out of 1 points Excessive or unlawful use of one's property to the extent of unreasonable annoyance or inconvenience to a neighbour or to the public. Selected Answer: Conversion Answers: Product liability Conversion Nuisance Trespass Question 42 1 out of 1 points Milo invites Morton into her apartment. Morton commits trespass to land if he: Selected Answer: Refuses to leave when Milo asks him to go. Answers: Makes rude remarks about Milo. Enters the apartment with fraudulent intent Eats food from Milo's fridge without asking permission. Refuses to leave when Milo asks him to go. Question 43 1 out of 1 points Common law is created by: Selected Answer: Courts Answers: Administrative tribunals Parliaments The Senate Courts Question 44 1 out of 1 points Sally and Norm have been keeping a wolf in their backyard. They found it in the woods years ago and decided to take it home and raise it. Sally and Norm were very careful to keep the wolf within their strong fence, but it managed to escape anyway and bit a child. Are Sally and Norm liable?  Selected Answer: Yes, because of strict liability Answers: Yes, because of strict liability No, because the neighbours knew about the wolf and did not inform the police. Yes, because they didn't comply with the municipal by-law No, because they took all possible precautions to prevent the wolf escaping Question 45 1 out of 1 points Which of the following is slander? Selected Answer: Manny tells Roger that Ted stole $500 from him, even though Manny knows this is not true. Answers: Manny tells Roger that Ted stole $500 from him, even though Manny knows this is not true. Manny tells Roger that Ted stole $500 from him. Manny and another friend saw this happen. Manny emails Rogers falsely stating that Ted stole $500 from him. Manny calls Ted a liar, while testifying in court. Question 46 0 out of 1 points What are three federal Courts in Canada? Selected Answer: Supreme Court of Canada, Canadian Court of Appeal, Tax Court of Canada Answers: Supreme Court of Canada, Courts Martial, Tax Court of Canada Canadian Court of Appeal, Tax Court of Canada, Canadian Military Court Federal Superior Court, Supreme Court of Canada, Canadian Court of Appeal Supreme Court of Canada, Canadian Court of Appeal, Tax Court of Canada Question 47 1 out of 1 points A lends his car to B. While driving A's car, B strikes and injures a pedestrian. The pedestrian commences a successful action for damages against both A and B. Which of the following concepts best explains why the pedestrian was successful against A even though B was driving the car that struck the plaintiff? Selected Answer: Vicarious liability Answers:  Vicarious liability Contributory negligence Gross negligence Criminal negligence Question 48 1 out of 1 points Loud music that can be heard through an apartment wall, from the apartment next door at midnight, can be classified as? Selected Answer: Nuisance Answers: Detinue Trespass Negligence Nuisance Question 49 0 out of 1 points The British North America Act, the old part of the Canadian Constitution, divides legislation responsibilities between the Provincial and Federal governments. Which of the following is an example of Federal responsibility Selected Answer: Health Care Law Answers: Property Law Education Law Criminal Law Health Care Law Question 50 0 out of 1 points In the event there is foreseeable risk of injury from an activity, a person must: Selected Answer: Only proceed if the risk of harm is small Answers: Only proceed if the risk of harm is small Advise the client before proceeding Seek guidance from an expert in the field before proceeding If the risk is major, take reasonable care to avoid that harm TEST 2 Question 1 1 out of 1 points Specific performance should be ordered by the Courts when: Selected Answer: Monetary damages are insufficient or inadequate to compensate the plaintiff. Answers: Substantial performance has occurred. Monetary damages are insufficient or inadequate to compensate the plaintiff. Contractual warranties have been breached. The limitation period has expired. Question 2 1 out of 1 points If the law changes and makes a binding contract illegal, how does that contract become discharged? Selected Answer: Frustration Answers: Illegality Agreement Breach Frustration Question 3 1 out of 1 points Innocent misrepresentation means what in contract law? Selected Answer: the party making the statement believes it is true. Answers: the party making the statement believes it is true. the misrepresentation did not harm the other party the misrepresentation benefited the other party. no criminal charges can be laid Question 4 0 out of 1 points When interpreting a contract, which one of the following will NOT be considered by the Courts? Selected Answer: Normal practices within the industry. Answers: Intent of the contract as a whole and as written  How the parties have previously conducted similar contracts. Normal practices within the industry. What the parties intended the contract to mean. Question 5 1 out of 1 points What is the most common method of discharge of contracts? Selected Answer: Performance Answers: Impossibility of performance Mutual agreement to terminate Breach Performance Question 6 1 out of 1 points The term duress, in relation to contract law, means: Selected Answer: The use of force or threats by one party to compel another party to sign it. Answers: Having impaired judgment due to drugs and alcohol. None of the options. The improper use of power or influence by one party to a contract to coerce the other party into an unfair agreement. The use of force or threats by one party to compel another party to sign it. Question 7 1 out of 1 points What is a tendering process? Selected Answer: A transparent and systematic way for organizations to reach an agreement with a contractor for the completion of work. Answers: A non-threatening approach to identifying and selecting contractors for large projects. A transparent and systematic way for organizations to reach an agreement with a contractor for the completion of work. A process used by government agencies to determine which contractor will obtain a certain job. A clear and efficient way for an organization to identify possible contractors to approach for work that needs to be completed. Question 8 1 out of 1 points  A contract which is printed or typed, sealed and delivered is a : Selected Answer: Formal contract Answers: Formal contract Express contract Bilateral contract Voidable contract Question 9 1 out of 1 points A_______________ occurs when one party to a contract does not do what he or she agreed to do. Selected Answer: Breach Answers: Fraud Repudiation Breach Consideration Question 10 1 out of 1 points A contract of guarantee must be: Selected Answer: in writing Answers: verbal or in writing verbal witnessed in writing Question 11 1 out of 1 points A contract that can be implied, oral, written, but is not under seal, is: Selected Answer: A simple contract Answers: A unilateral contract A simple contract A formal contract A bilateral contract Question 12 1 out of 1 points  What is the Parol Evidence Rule? Selected Answer: Contracting parties cannot alter the meaning of their contract through use of contemporaneous oral declarations Answers: Contracting parties must mutually provide evidence of any changes they agree to in a contract. Contracting parties mutually accept the validity of oral changes to a contract if all parties witnessed the changes. Contracting parties cannot alter the meaning of their contract through use of contemporaneous oral declarations Contracting parties must clearly set out all major terms of the contract, in writing. Question 13 1 out of 1 points Consideration in a contract means that: Selected Answer: Something of value is being exchanged by the parties Answers: The contract is legal and fully valid Something of value is being exchanged by the parties The parties deal with the contract in a polite and civilized manner A person has the mental capacity to enter into a contract Question 14 0 out of 1 points What is a contract? Selected Answer: An agreement by two or more parties to exchange services or products. Answers: An agreement by two or more parties to exchange services or products at some time in the future. An agreement by two or more parties to exchange services or products. An agreement by one party to complete work for another party An exchange of enforceable promises between two or more parties, usually, but not always, in writing Question 15 0 out of 1 points A contract is created when: Selected Answer: When the offeree decides to accept the offer. Answers: The offer is communicated The offer is received.  When the offeree decides to accept the offer. When the offeror receives a valid acceptance Question 16 1 out of 1 points If performance of a contract is impossible, what is the reason for the contract ending? Selected Answer: Frustration Answers: Performance Agreement Frustration Breach Question 17 1 out of 1 points Which one of the following statements about an offer is NOT correct? Selected Answer: An offer is binding on the offeree, if the offer says so in writing. Answers: An offer is binding on the offeree, if the offer says so in writing. An offer may be revoked at any time before it is accepted. An acceptance of an offer by the offeree must be without exception, otherwise it becomes a counter offer. When an offer is accepted by the other party it becomes a contract. Question 18 0 out of 1 points What is it called when one party announces that they will be unable to fulfill their contractual obligations? Selected Answer: Breach of condition Answers: Anticipatory agreement Breach of warranty Anticipatory breach Breach of condition Question 19 1 out of 1 points What is one way in which a contract can be discharged? Selected Answer: By the contract's own dissolution. Answers:  By the contract's own dissolution. By one party giving at least 90 days notice to the other. By the parties orally agreeing to terminate the contract. By a third party mediator declaring a contract to be void. Question 20 1 out of 1 points Mitigation of loss implies that: Selected Answer: A plaintiff must take reasonable steps to reduce the damages suffered Answers: LIquidated damages should be ordered Criminal charges should be laid A plaintiff must take reasonable steps to reduce the damages suffered Minors are responsible for contracts involving necessities of life Question 21 1 out of 1 points A legal principle under which a party should not be obligated to pay, nor should another be allowed to receive, more that the value of the goods and services exchanged, is called: Selected Answer: Quantum meruit Answers: Specific performance Quantum meruit Substantial performance Liquidated damages Question 22 1 out of 1 points What is a mutual mistake? Selected Answer: A situation in which the parties each made different mistakes with respect to the contract. Answers: A situation in which a term of the contract is omitted by mistake.  A situation in which the parties mutually agree that there is a mistake in the contract. A situation in which the parties made the same mistake. A situation in which the parties each made different mistakes with respect to the contract. Question 23 1 out of 1 points A contract is unenforceable unless it has a legal purpose. Which of the following would be considered to be an unenfoceable contract? Selected Answer: An agreement between two companies to fix prices to force a competitor out of business. Answers: An agreement to pay interest on a credit card at 2% above the prime rate An agreement between two companies to fix prices to force a competitor out of business. An agreement between two companies to co-operate in reasearch. An agreement to do a friend's law homework for $25. Question 24 1 out of 1 points Upon a defendant's breach of a contract for the sale of goods, the plaintiff is entitled to specific performance: Selected Answer: Only if the goods are unique, such as a work of art Answers: If the plaintiff cannot reasonable obtain another buyer for the goods Only if the defendant is involved in fraudulent activity Only if the goods are unique, such as a work of art As a matter of course Question 25 0 out of 1 points Which of the following contracts must be in writing, in order for the Court to recognize them? Selected Answer: Contracts of indemnity Answers: Contracts of less than one year. All of the options. Contracts for gifts in consideration of marriage. Contracts of indemnity Question 26 1 out of 1 points  Why must the sale or disposition of land be evidenced in writing? Selected Answer: This is a requirement of the Statute of Frauds Answers: Because a large amount of money is likely to be involved. Due to the many specific terms required. This is a requirement of the Statute of Frauds This is a requirement of the Real Property Act. Question 27 1 out of 1 points Under the "Parol Evidence Rule", the following would NOT be allowed to prove the terms of a contract: Selected Answer: Evidence of a term agreed to during preliminary discussion of the contract. Answers: Evidence of an omission to the contract in error. Evidence of conditions precedent. Evidence of duress. Evidence of a term agreed to during preliminary discussion of the contract. Question 28 1 out of 1 points A pre-estimate put in a contract to establish an amount due to one of the parties should the contract be breached, is called: Selected Answer: Liquidated damages Answers: Quantum meruit Specific damages Liquidated damages Substantial damages Question 29 1 out of 1 points Substantial performance of a contract means that: Selected Answer: The contract has been significantly completed and payment can be demanded for the work done. Answers: The contract has been completed to the precise terms of the contract. The contract need not be completed because of "self-induced frustration". The contract has been significantly completed and payment can be demanded for the work done. The contract must be renegotiated with respect to any remaining work.  Question 30 1 out of 1 points What is one necessary element of a contract? Selected Answer: Mutual agreement, demonstrated by an offer, acceptance and meeting of the minds. Answers: All parties are adults. It is written in clear, plain language. It is fair to all parties. Mutual agreement, demonstrated by an offer, acceptance and meeting of the minds. Question 31 1 out of 1 points To repudiate a contract is to: Selected Answer: Cancel it Answers: Confirm it Commit to it. Sign it Cancel it Question 32 1 out of 1 points What does privity of contract mean? Selected Answer: A contract is between the contracting parties and cannot protect a non-party to the contract Answers: A contract is between the contracting parties and cannot protect a non-party to the contract Everyone has the right to enter into a contract. Nobody should know what a contract contains other than the parties. A contract is between one party and the whole world. Question 33 1 out of 1 points A contract which can be rescinded or affirmed by one of the parties, at their option, is: Selected Answer: Voidable Answers: Voidable Fraudulent  Completed Void Question 34 1 out of 1 points What is an injunction? Selected Answer: When a court orders a person not to break their contract Answers: When two parties find that they cannot complete a contract When a plaintiff is allowed to claim for partial performance When a court orders a person not to break their contract A remedy awarded which compels an action by the guilty party Question 35 0 out of 1 points Which of the following may have limited legal capacity to enter into contracts? Selected Answer: Minors Answers: All of the options Corporations Labour unions Minors Question 36 1 out of 1 points A mistake that occurs when both parties to a contract are in error over the same key fact is : Selected Answer: A common mistake Answers: A common mistake A unilateral mistake A bilateral mistake A mutual mistake Question 37 1 out of 1 points Which of the following are considered to lack capacity to contract? Selected Answer: All of the options Answers: Intoxicated persons Minors Persons suffering from mental illness  All of the options Question 38 0 out of 1 points Which one of the following would be legal consideration for a contract? Selected Answer: After someone has painted your house, you promise to pay them $2,000. Answers: A parties gives illegal drugs for services rendered. After someone has painted your house, you promise to pay them $2,000. A contractor is paid a rate per cubic yard for material excavated. One party promises the other party a gift. Question 39 1 out of 1 points A mistake made by only one party to a contract and the other party knows of the mistake, or must be assumed to know is: Selected Answer: A unilateral mistake Answers: A fraudulent mistake A mutual mistake A unilateral mistake A common mistake Question 40 0 out of 1 points In order for an acceptance to be valid: Selected Answer: It must be communicated Answers: All of the options It requires a positive action It must be communicated It must be unconditional Question 41 1 out of 1 points Alex persuaded his grandmother, Clara, to sell him her car for $1,000. They both knew the car was worth much more than that. However, Clara did not need the car anymore and loved her grandson, so she agreed to sell him the car. The next day Clara found out that Alex was planning to sell the car to a friend for $6,000. Clara can avoid the contract because of: Selected Answer: Undue Influence Answers: Duress  Fraud Undue Influence Mistake Question 42 1 out of 1 points The validity of a contract will be affected if a party makes a false statement of fact that induces another party into a contract. For a claim of misrepresentation to succeed, the misled party must show that: Selected Answer: All of the options Answers: They entered into the contract because of the misrepresentation. They were not aware that the statement was false. All of the options The misrepresentation was about a very important term of the contract. Question 43 1 out of 1 points A contract which can be rescinded or affirmed by one of the parties, at their option is: Selected Answer: Voidable contract Answers: Void contract Bilateral contract Implied contract Voidable contract Question 44 0 out of 1 points A customer refuses to pay for or take possession of goods supplied by Patricia's business, even though a contract was signed. Patricia is entitled to recover as damages: Selected Answer: The amount the customer agreed to pay for the goods Answers: The value of the goods The amount the customer agreed to pay for the goods The amount the customer agreed to pay for the goods, less what she can sell them for to someone else if she made reasonable efforts to find another customer. Nothing, because such contract must provide for liquidated damages Question 45 1 out of 1 points Failure to perfrom a contract will be a breach of contract unless the failure arises from:  Selected Answer: unanticipated change of circumstances that makes performance impossible Answers: a disagreement as to what is required by the contract the inability of a party to perfrom the contract. A party unintentionally not complying with the contract unanticipated change of circumstances that makes performance impossible TEST 3 Question 1 0 out of 1 points What type of law is the use of company confidential information covered by? Selected Answer: Public law Answers: Public law Tort law Contract law Copyright law Question 2 1 out of 1 points What is the purpose of Bill 168: Amendment to the Occupational Health and Safety Act - Workplace Violence? Selected Answer: To define workplace violence and specified worker rights and responsibilities with respect to workplace violence and workplace harassment Answers: To assist employees in identifying ways to stop workplace violence To ensure that workplace violence leads to criminal charges against the perpetrator and possibly the employer To bring attention to the possibility of workplace violence To define workplace violence and specified worker rights and responsibilities with respect to workplace violence and workplace harassment Question 3 1 out of 1 points Which Ontario Act governs employee hours of work? Selected Answer: Employment Standards Act Answers: Hours of Work Act  Employment Standards Act Labour Relations Act Employment Relations Act Question 4 1 out of 1 points Which of the following is not capable of copyright protection? Selected Answer: Phrases Answers: Phrases Essays Speeches Phrases and Speeches Question 5 1 out of 1 points Which of the following statements regarding a corporation is correct? Selected Answer: Limited personal liability of shareholders and protection of personal assets Answers: Ability to use operating losses to reduce personal taxes on shareholders Ease and low cost of startup Limited personal liability of shareholders and protection of personal assets Minimal regulatory requirements Question 6 0 out of 1 points Which one of the following statements about a sole proprietorship is not correct? Selected Answer: Income (or loss) is included in the sole proprietor's income and taxed at the rate applicable to the owner Answers: A sole proprietor who carries on business in his own name must register under the Business Names Act The owner of a sole proprietorship cannot employ himself A sole proprietorship is the most risky form of business ownership Income (or loss) is included in the sole proprietor's income and taxed at the rate applicable to the owner Question 7 1 out of 1 points Which of the following is an advantage of corporations over other business organizations? Selected Answer: A corporation has perpetual succession.  Answers: Corporate income is taxed at the shareholder level at the shareholders' individual rates Ability to use operating losses to reduce personal taxes of shareholders A corporation has perpetual succession. Liability of each shareholder for the debts of the corporation is unlimited Question 8 1 out of 1 points The author of a copyrighted work retains certain rights even if that copyright is owned by someone else. Those rights are: Selected Answer: Moral rights Answers: Moral rights Royalty rights Licensing rights Moral rights and royalty rights Question 9 1 out of 1 points Which of the following is a characteristic of a sole proprietorship? Selected Answer: It is the oldest and simplest form of business organization Answers: Business income is taxed at the business rate. The owner employs him/herself in the business The owner's liability for business loss/debt is limited It is the oldest and simplest form of business organization Question 10 0 out of 1 points In occupational health and safety, "due diligence" means: Selected Answer: Conducting workplace hazard assessments Answers: Conducting workplace hazard assessments Training workers Having and enforcing a due diligence program Having a safety policy Question 11 1 out of 1 points The three basic types of business organizations are: Selected Answer:  partnership, sole proprietorship, corporation Answers: limited partnership, limited company, sole proprietorship sole ownership, partnership, limited company partnership, sole proprietorship, corporation sole ownership, joint venture, corporation Question 12 1 out of 1 points Preferred shares of a corporation have two special rights attached to them. They are: Selected Answer: Dividend rights and windup rights Answers: Dividend rights and full voting rights Dividend rights and windup rights Control rights and windup rights Windup rights and voting rights Question 13 1 out of 1 points What is an advantage of a corporation? Selected Answer: The owners are not personally liable for the debts of the business Answers: It is easy to set up There is less regulation and therefore more flexibility It allows for the hiring of more employees The owners are not personally liable for the debts of the business Question 14 1 out of 1 points What is one characteristic included in the legal definition of a partnership under the Partnership Act? Selected Answer: It is in common, in other words all partners are involved in the business. Answers: It is formed by a written agreement It is in common, in other words all partners are involved in the business. It is formed for the joint ownership of property It is a separate legal entity Question 15 1 out of 1 points What is the Labour Relations Act?  Selected Answer: An Act that governs relationships between unions and employers Answers: An Act that governs relationships between unions and employers An Act that governs relationships between government and public sector employees An act that governs the relationship between owners and employees An act that governs the relationship between employees and employers Question 16 1 out of 1 points What is the Employment Standards Act Selected Answer: Legislation that sets out the rights, responsibilities and obligations that employees and employers have with a workplace setting Answers: Legislation that tells employees how they must behave in the workplace Legislation that tells employers the minimum standards for how to operate their business Legislation that sets out the rights, responsibilities and obligations that employees and employers have with a workplace setting Legislation that creates standards for safety in the workplace. Question 17 1 out of 1 points What is one purpose of the Occupational Health and Safety Act? Selected Answer: To outline the duties and responsibilities of employers and employees for health and safety Answers: To set out detailed rules regarding safety precautions to be taken in the workplace To make employers solely responsible for the health and safety of their employees To outline the duties and responsibilities of employers and employees for health and safety To help employees understand how to keep themselves safe in the workplace Question 18 1 out of 1 points What is a private corporation? Selected Answer: One whose shares are not available for purchase by the general public Answers: One who is exempt from disclosure requirements to the general public One which does not aspire to rapid growth One which does not require loan from financial institutions  One whose shares are not available for purchase by the general public Question 19 1 out of 1 points What is a limited partnership? Selected Answer: A partnership in which partners have different levels of liability Answers: A partnership in which the authority of some partners is limited A partnership in which partners have different levels of liability A collective business venture designed to shield certain partners from responsibility A partnership in which the liability of all partners is limited, as in a corporation Question 20 1 out of 1 points Which one of the following is not a right of an owner of shares of a corporation? Selected Answer: To share in the assets of the corporation Answers: To receive the surplus on dissolution of the corporation To share in the assets of the corporation To vote at meetings To receive any divided declared Question 21 0 out of 1 points When dealing with a partnership, actual authority means: Selected Answer: All of the above Answers: Relates to an act involving the firm's business which is executed by a person authorized to do so. May be implied from previous conduct or general circumstances Occurs when the person with whom a partner is dealing is unaware of a lack of authority for a transaction, and knows or believes him/her to be a partner. All of the above Only a and b Question 22 1 out of 1 points A corporation may raise funds through the issue of debt securities. Which one of the following is not a debt security? Selected Answer:  Preferred shares Answers: Preferred shares Notes Bank loan secured by accounts receivable Corporate bonds Debentures Question 23 1 out of 1 points Common shareholders of a corporation: Selected Answer: Have a right to vote at corporate annual meetings Answers: Have rights against the corporation Receive interest on their investment Have a right to vote at corporate annual meetings Are creditors Question 24 0 out of 1 points Under what business structure(s) can business owners' personal assets be seized to fulfill obligations of the business? Selected Answer: Sole proprietorship Answers: Limited partnership Partnership Corporation Sole proprietorship Only b and d Question 25 0 out of 1 points What is a partnership? Selected Answer: A stand alone entity with two or more owners Answers: A stand alone entity with two or more owners A business with two or more owners that does not operate as a separate legal entity An organization that is formed when two people decide to purchase property together A corporation with only two shareholders Question 26  1 out of 1 points Intellectual property protection does not apply to which of the following? Selected Answer: A recently discovered historical fact Answers: Computer software Industrial designs Movie plots A recently discovered historical fact Question 27 1 out of 1 points Bill Withers died on March 30, 2020. When does the Canadian copyright on the music and lyrics he wrote expire? Selected Answer: December 31, 2070 Answers: March 30, 2070 March 30, 2020 December 31, 2070 December 31, 2045 Question 28 1 out of 1 points What is a sole proprietorship? Selected Answer: A business with a single owner that does not operate as a separate legal entity. Answers: A stand alone entity with a single owner A corporation with a single shareholder A business with a separate legal entity centered around a single owner A business with a single owner that does not operate as a separate legal entity. Question 29 1 out of 1 points Which of the following statements is true of a partnership? Selected Answer: Liability of each partner for the debts of the partnership is unlimited Answers: Liability of each partner for the debts of the partnership is unlimited A partnership must have a written agreement between the partners A corporation cannot be included as a member of a partnership.  A partnership is essentially a corporation with more than one owner Question 30 1 out of 1 points Ennio Morricone died on July 6, 2020. When does the Canadian copyright on the music he wrote expire? Selected Answer: December 31, 2070 Answers: December 31. 2045 July 6, 2070 July 6, 2020 December 31, 2070 Question 31 1 out of 1 points The case of Mercantile Credit v. Garrod dealt with liability of a partnership (and partner Garrod), for the acts of the other partner, Parkin. The court decided: Selected Answer: All of the above Answers: The issue was clearly one of apparent authority The plaintiff had no reason to know that Parkin was acting without actual authority Parkin was acting within apparent authority, therefore the firm (and Garrod) were liable All of the above Only b and c Question 32 1 out of 1 points What is an advantage of a partnership? Selected Answer: The partners have access to more financing that in a sole proprietorship Answers: The partners have no liability for the business debt The partners can easily pass the business onto the next generation The parties can pool their resources to satisfy any judgment or liability The partners have access to more financing that in a sole proprietorship Question 33 1 out of 1 points What does copyright apply to? Selected Answer: All original work that is represented in some fixed material form Answers:  All original work that is represented in some fixed material form Any printed material Any intellectual work that someone claims ownership of All artistic work Question 34 1 out of 1 points What is the purpose of the Ontario Human Rights Code? Selected Answer: To ensure that all Ontarians have equal rights and opportunities without discrimination in key areas of daily life Answers: To ensure that human rights are respected in Ontario all the time To ensure that all Ontarians are treated fairly all the time To ensure that all Ontarians have equal rights and opportunities without discrimination in key areas of daily life To ensure that Ontarians are protected from discrimination from laws passed by governments Question 35 1 out of 1 points What is a corporation? Selected Answer: A separate and distinct legal entity from its owners. Answers: A separate and distinct legal entity from its owners. A separate legal entity created for the purpose of providing owners with tax advantages A collection of distinct legal entities, the shareholders, that function collectively A business entity designated to maximize profits and tax benefits for the shareholders. Question 36 1 out of 1 points What is one possible company approach to the environment with respect to engineering work? Selected Answer: A cost oriented approach in which the company adheres to the environmental regulations as a cost of doing business and nothing more Answers: A cost oriented approach in which the company adheres to the environmental regulations as a cost of doing business and nothing more A government approach in which the company follows government guidelines only when they are required by the government to act or respond to an environmental issue  A crisis management approach in which the company deals with issues just in time as they reach a critical point A laissez faire approach in which the company pays no attention to environmental management Question 37 0 out of 1 points What is an advantage of a sole proprietorship? Selected Answer: It allows the owner to make decisions without consulting others Answers: It allows the owner access to financial resources It does not require the owner to take on a lot of liability It is fast and easy to set up It allows the owner to make decisions without consulting others Question 38 1 out of 1 points Bondholders of a corporation: Selected Answer: Have no right to vote Answers: Receive the surplus upon liquidation of the corporation Receive dividends Are members of the corporation Have no right to vote Question 39 0 out of 1 points Which of the following statements regarding unincorporated businesses is not correct Selected Answer: Organizational simplicity Answers: Organizational simplicity Minimal regulatory requirements It is taxed independently and must file annual income tax returns Ease and low cost of startup Question 40 1 out of 1 points Limited liability for a corporation means: Selected Answer: In case of bankruptcy, or a judgment against the corporation, the personal assets of individual shareholders are not available to satisfy creditors Answers: A corporation has the right to carry on business in a limited georgraphic area  Ability to use operating losses to reduce personal taxes on shareholders In case of bankruptcy, or a judgment against the corporation, the personal assets of individual shareholders are not available to satisfy creditors Minimal regulatory requirements Question 41 1 out of 1 points Which one of the following statements is correct? Selected Answer: All of the above Answers: A federal corporation has the right to carry on business in any province A province cannot bar a federal corporation from using a name similar to one already in use in a province A province can give its corporations the legal capacity to carry on business in another province, if that province chooses to recognize the extra-provincially incorporated corporation All of the above Only a and b Question 42 0 out of 1 points What is the most important criteria when determining whether an employee's actions are legally considered to be whistleblowing? Selected Answer: The employee's actions must be driven by a desire to bring something to the public's attention Answers: The employee's actions must be driven by consideration of the company's reputation The employee's actions must be driven by professional ethics The employee's actions must be driven by a desire to bring something to the public's attention The employee's actions must be driven by consideration of his or her job description and responsibilities Question 43 0 out of 1 points Which of the following statements is/are true about the securities of a corporation? Selected Answer: Interest on bonds must be paid whether or not a corporation has earned a profit in that year Answers: Preferred shareholders generally only have contingent voting rights Interest on bonds must be paid whether or not a corporation has earned a profit in that year  Bond holders have a direct voice in the management of a corporation during the normal operation of the business. Only a and b Question 44 0 out of 1 points What is the purpose of the Human Rights Tribunal? Selected Answer: To provide information on the Ontario Human Rights Code Answers: To provide information on the Ontario Human Rights Code To make decisions regarding the types of human rights laws that must be enforced To help citizens of Ontario understand how the Ontario Human Rights Code works To hear human rights cases and make decisions about those cases Question 45 0 out of 1 points What are articles of incorporation? Selected Answer: A legal document creating the management structure of the corporation Answers: A legal document forming the corporation that is registered with the provincial or federal government A legal document outlining the structure of the corporation A legal document creating the management structure of the corporation A legal document describing the corporation TEST 4 Question 1 1 out of 1 points What is professional practice? Selected Answer: The act of behaving appropriately in a workplace context so as to bring prestige and respect to the profession and ensure public safety Answers: The act of competing the designated professional work in a technically accurate manner The act of behaving ethically to avoid any legal problems The act of behaving maturely and professionally in a workplace context in order to build a successful career  The act of behaving appropriately in a workplace context so as to bring prestige and respect to the profession and ensure public safety Question 2 1 out of 1 points What is a characteristic of a professional organization? Selected Answer: It is incorporated Answers: It is created to limit the number of professional members It is for profit It is funded by the government It is incorporated Question 3 1 out of 1 points What are two types of ethical problems in engineering? Selected Answer: Violations of laws and standards & unsuccessful attempts at remedying problems Answers: Violations of laws and standards & unsuccessful attempts at remedying problems Lack of knowledge of laws and standards & unsuccessfully communicating technical specifications to a client Failure to receive consent of a client & an unsuccessful attempt to resolve conflicts with clients Technical failures & an unsuccessful product launch Question 4 1 out of 1 points What is virtue based ethics? Selected Answer: An ethical theory which states that the qualities that make something or someone good vary from situation to situation Answers: An ethical theory which states that the qualities that make something or someone good vary from situation to situation An ethical theory which states that qualities that make something or someone good are unchanging An ethical theory which states that virtues of a person are innate to that individual from birth An ethical theory which states that an individual's virtues usually outweigh their faults Question 5 0 out of 1 points  Ethical principles are: Selected Answer: Principles that are conceptual Answers: Principles that are conceptual Principles that are not controversial Principles that are factual Principles that something is right or wrong Question 6 0 out of 1 points Who are the stakeholders in professional liability insurance? Selected Answer: the employer, the professional , the client and the professional association Answers: the professional, the professional's family, the employer and the client the professional, the profession, the employer or client, and the general publc the professional, the employer or client, and the professional's college the employer, the professional , the client and the professional association Question 7 1 out of 1 points What does EGAD stand for? Selected Answer: identify ethical problem, generate options, analyze options, make a decision Answers: engage in the problem, generate ideas, apply ethical principles, determine relevance evaluate the ethical problem, generate options, analyze options, make a decision identify ethical problem, generate options, analyze options, make a decision empathize with parties, grapple with the problem, analyze the ethical issues, decide on your course of action Question 8 1 out of 1 points Which of the following statements is least representative of a type of ethics case? Selected Answer: Choosing not to have professional liability insurance Answers: Competing considerations Choosing not to have professional liability insurance Declining to comment on the use of inadequate designs A violation of a technical standard  Question 9 1 out of 1 points What are three parties that OACETT members owe a duty to under their Code of Ethics? Selected Answer: the profession, society, employers Answers: clients, politicians, corporations clients, society, government the profession, society, employers family members, colleagues, managers Question 10 1 out of 1 points What ethical theory is John Stuart Mill most closely associated with? Selected Answer: Utilitarianism Answers: Virtue based ethics Duty based ethics Utilitarianism Rights based ethics Question 11 1 out of 1 points What is an ethics conflict problem? Selected Answer: A problem in which two or more ethical principles seem to apply to a particular problem Answers: A problem in which the discussion of one or more ethical principles leads to professional conflict A problem in which the different parties involved in an ethical problem have serious personal or professional conflict A problem in which two or more ethical principles seem to apply to a particular problem A problem where there is a conflict between an individual's moral beliefs and the applicable law Question 12 1 out of 1 points What are the two main categories of OACETT membership? Selected Answer: certified member and associate member Answers: full member and student member  certified member and associate member certified member and non-resident member certified member and life member Question 13 1 out of 1 points What is one thing that an OACETT member might be censured for? Selected Answer: Professional misconduct as defined in the Rules of Professional Conduct Answers: Failure to pay membership dues Failure to attend local chapter meetings Failure to provide references for duly qualified candidates Professional misconduct as defined in the Rules of Professional Conduct Question 14 1 out of 1 points What is one requirement for certification as an OACETT member ? Selected Answer: Be of good character Answers: Be a resident of or employed in Canada Be a minimum of 21 years of age Be of good charac