Question

Multiple Choice: Circle the most correct answer (20 questions, 1 mark each)

1) When we talk about predictability being a major element of law, we mean that

a. although the law is predictable, the outcome of a given dispute between people is not.

b. people should be more likely to be able to predict when they can circumvent a law.

c. the law itself is not predictable, only the cases that are decided.

d. by using common sense, the decision of any court can be determined in advance.

e. people should be able to find out where they stand and how to act with reasonable certainty.

2) Gurpreet Singh is employed by Nikhil’s Groceries. Arun, the owner of Arun's Groceries approaches Gurpreet and convinces Gurpreet to leave Nikhil's Groceries and work for Arun's Groceries. Nikhil's Groceries may sue Arun's Groceries for

a. breach of employer–employee contract.

b. breach of employee contract.

c. interference with employee affairs.

d. breach of contract.

e. inducing breach of contract.

3) The role of tort law is to

a. compensate victims for harm suffered from the activities of others.

b. assist judges by providing rules to determine how much money to pay victims of crime.

c. punish wrongdoers in the same way that criminal law punishes criminals.

d. determine who caused a motor vehicle accident.

e. impose strict rules to prevent the commission of crimes.

4) In a lawsuit against a professional for a breach of duty of care, a prudent plaintiff should

a. sue in contract for breach of contract for failure to properly perform services.

b. sue in tort for breach of fiduciary duty.

c. sue in tort for negligence arising from a breach of duty of care.

d. sue in tort for negligence arising from a breach of duty of care and in contract for breach of contract for failure to properly perform services.

e. sue in contract for negligence arising from a breach of duty of care and sue for breach of fiduciary duty.

5) The contractual requirement of ‘consideration’ provides that

a. the contract must be given careful consideration before it is entered into.

b. the offeror must pay cash for the offeree's promise to perform an act.

c. an offeree must pay cash for the offeror's promise to perform an act.

d. each party must give something of value in exchange.

e. what is exchanged by the parties must be of equal value.

6) Jaspreet Singh buys a second-hand car from Amit, who is not a retail seller. The province in which the sale takes place does not require that the car be certified. After two months, Jaspreet finds that the car requires substantial repairs. In this case,

a. there is a breach of the implied condition of fitness for purpose.

b. there is a breach of the implied condition of merchantable quality.

c. there is a fundamental breach of contract.

d. there is a breach of the implied warranties under the Sale of Goods Act

e. the maxim caveat emptor applies.

7) Contracts between parties of unequal bargaining power that are unfairly advantageous to the powerful parties have long been considered

a. bilateral contracts and void.

b. unilateral contracts and voidable.

c. unconscionable contracts and voidable.

d. non est factum (a written agreement is invalid because the defendant was mistaken about its character when signing it).

e. contrary to the Criminal Code of Canada.

8) Capacity to contract means

a. the ability to make an offer or accept an offer.

b. the competence to enter into a legally binding contract.

c. the ability to pay damages in the event of a breach of contract.

d. the ability to make a promise.

e. the ability to comprehend the terms of a contract.

9) The difference between a negligent misrepresentation and a fraudulent misrepresentation is that

a. a fraudulent misrepresentation requires only a breach of duty of care and skill, while a negligent misrepresentation requires at least some guilty knowledge or willful disregard of the falsity of information provided.

b. a negligent misrepresentation requires only a breach of duty of care and skill, while a fraudulent misrepresentation requires at least some guilty knowledge or willful disregard of the falsity of information provided.

c. there is no practical difference between a fraudulent misrepresentation and a negligent misrepresentation

d. a fraudulent misrepresentation does not require guilty knowledge or willful disregard of the falsity of information provided, while a negligent misrepresentation does.

e. negligent misrepresentation doesn’t exist.

10) We need to have law because it

a. regulates individuals’ interactions with one another.

b. gives the government the power to act for the benefit of society in general.

c. provides an element of certainty in determining contractual and property rights.

d. protects persons, property, and society, and prohibits conduct that society believes is harmful.

e. all of the above.

11) When we say that the law is linked to moral and ethical standards, we mean that

a. the law is based on ethics.

b. ethical behaviour is generally considered to be a higher standard.

c. ethics and morality are one and the same.

d. the fundamental truths that give rise to the law include ethics and morality.

e. the moral and ethical values of a society as a whole shape the development of the law.

12) Law is derived from a variety of sources. These include the constitution, legislation, and

a. the Supreme Court of Canada and subordinate legislation.

b. court decisions handed down by judges.

c. statements made by ministers and administrative rulings.

d. media reports and other news.

e. the cabinet.

13) When two or more parties have a legal dispute, often the cheapest form of resolving the dispute is by

a. litigation in the court.

b. mediation.

c. arbitration.

d. an out of court settlement.

e. none of the above.

14) Which one of the following is just cause for dismissal?

a. absenteeism twice in the last year

b. habitual negligence or incompetence

c. tardiness once in the last two years

d. no work to do

e. refusal to work in an unsafe work environment

15) Jaspreet Singh had worked for his employer for 15 years when he was terminated without notice or pay in lieu of notice. He filed a lawsuit for wrongful dismissal as he felt there was no just cause for the termination, although he did believe there had been a plot to get rid of him. Which of the following is correct?

a. In the absence of just cause, Jaspreet would likely be entitled to reasonable pay in lieu of notice, but no punitive damages unless the employer had committed some tort related to Jaspreet.

b. In the absence of just cause, Jaspreet would likely be entitled to reasonable pay in lieu of notice and punitive damages as he was fired without just cause.

c. In the absence of just cause, Jaspreet would likely be entitled to reasonable pay in lieu of notice and punitive damages due to the employer's malicious and outrageous act.

d. Jaspreet should have filed his lawsuit as a case of constructive dismissal in order to win punitive and aggravated damages.

e. Even if there was no just cause, Jaspreet likely would not be entitled to any compensation as he did not suffer actual psychological harm as a result of losing his job.

16) Which of the following statements more accurately describes an employee rather than an independent contractor?

a. The person provides his or her own tools.

b. The person determines his or her own work schedule.

c. The person is an essential part of an employer's organization.

d. The person has a high level of financial risk.

e. The person is free to represent others in the same business.

17) Which of the following statements with regard to the characteristics of civil and criminal actions is true?

a. The person who begins a civil action is usually called the prosecutor.

b. A civil action is a private action; that is, a person or persons sue another or others usually for the purpose of being compensated for injury or loss suffered.

c. If a person is convicted of a criminal offence, he or she cannot also be sued in a civil action by the victim.

d. In a criminal case, an individual person is taking the action against the accused.

e. The prosecutor must prove his or her case based "upon a balance of probabilities."

18) With regard to the relationship between the judiciary (courts) and the legislatures, which of the following is true?

a. Common law overrides case law on the same point.

b. The courts have no authority to affect a statute once it has been passed by our elected representatives in the federal Parliament.

c. A provincial statute could be struck down by the courts for being contrary to the Charter of Rights and Freedoms.

d. The courts have no power to declare a provincial statute to be void; only federal statutes can be struck down by the courts.

e. The courts cannot affect the meaning of the statute through subsequent interpretation.

19) Which of the following is an ingredient necessary to form a contract?

a. exemption clauses

b. fairness

c. privity

d. capacity

5. assignment

20) With regard to the process of a civil law suit, which of the following is true?

a. The plaintiff must prove his or her case on the balance of probabilities, not beyond a reasonable doubt.

b. The statement of claim is a document registered by the plaintiff that contains a summary of the allegations that support the cause of action.

c. Any admission by the defendant at the examination for discovery can be used against him or her by the plaintiff at trial.

d. A counterclaim is an action by the defendant back against the plaintiff.

e. All of the above

True or False: Circle the correct reply (a or b) (10 questions, 1 mark each)

21) In any jurisdiction of Canada, such as Ontario, the rule is that the decision of a higher court is binding on a lower court.

a. True

b. False

22) Where a party inadvertently uses the wrong words in stating the terms of a contract, and another party enters into the contract, the court may set aside the contract if a reasonable bystander would conclude that the party had made a mistake.

a. True

b. False

23) If one party breaches a condition of a contract, the other party will generally be entitled to repudiate the contract.

a. True

b. False

24) When an offer is proposed to an interested party, the form of acceptance does not matter even if a preferred method of communication is stipulated within the offer.

a. True

b. False

25) Where a party inadvertently uses the wrong words in stating the terms of a contract, and another party enters into the contract, the court may set aside the contract if a reasonable bystander would conclude that the party had made a mistake.

a. True

b. False

26) If one party breaches a condition of a contract, the other party will generally be entitled to repudiate the contract.

a. True

b. False

27) A void contract is one that is deemed in law to have never been created.

a. True

b. False

28) When an employee is dismissed for just cause, he or she is not entitled to reasonable notice or pay in lieu of notice.

a. True

b. False

29) The primary purpose of tort law is to punish wrongdoers.

a. True

b. False

30) An employer is responsible for only those torts committed by an employee that take place while the employee is doing what he was employed to do.

a. True

b. False

Answer 1

ANS-1) (e) people should be able to find out where they stand and how to act with reasonable certainty.

Reason - it is a principle of jurisprudence and also known as legal certainty. It means that the law must be certain so that the people have a clear vision as to how they must act in a given situation.

Ans-2) (e)inducing breach of contract.

Reason- here the third party has interefered in the contractual affairs and induced the employee to breach the contract with the employer causing damages to the party.

Ans-3) (a)compensate victims for harm suffered from the activities of others.

rEASON- this is incorporated in basic definition of tort law. It prevents the civil wrong.

Ans-4) (d) sue in tort for negligence arising from a breach of duty of care and in contract for breach of contract for failure to properly perform services.

Reason - breach of duty of care is a civil tort and since a professional is involved here , it means there would be a contract between the parties. Breach of duty of care also implies that the employee has failed to perform the services properly as per contract.