A agrees to paint B's house. B then says to A, "If you paint my house, I'll give you $500.00." In this situation,
a. the first agreement does not include the price, but the second agreement does.
b. together, the promise to pay and the first agreement to paint form one whole contract.
c. the entering into the main contract is the consideration for the collateral contract.
d. the promise to pay $500.00 is collateral to the first agreement to paint.
e. all of the above
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A guarantee is
a. a promise to be primarily liable for the debt of a debtor.
b. a promise to enter into an agreement when a debtor defaults.
c. a promise to pay only if the debtor defaults.
d. a promise to purchase goods.
e. a promise to add one's signature to a legal document.
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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.
e. contrary to the Criminal Code of Canada.
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The Supreme Court of Canada performs several roles. One role it does NOT perform is
a. protector of civil liberties.
b. an umpire between the various levels of government.
c. determining the validity of legislation.
d. interpreter of legislation.
e. resolving disputes between private parties.
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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.
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Section 15 of the Canadian Charter of Rights and Freedoms deals with
a. its application to citizens of the United States.
b. equality rights.
c. national politics.
d. the applicability of the Human Rights Act.
e. legal rights.
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A doctor makes a serious error during the course of diagnosing a patient. The patient subsequently dies. The deceased patient’s family members bring a lawsuit against the doctor. All the experts who testify agree that the doctor failed to meet the standard of care but that if appropriate care had been provided, the patient would have died in any event. The family members’ case against the doctor will
a. succeed because all the experts agree the doctor provided substandard care.
b. fail because the doctor likely provided the patient with informed consent.
c. succeed because the law imposes strict liability upon doctors in similar circumstances.
d. fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence.
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The Canada Consumer Product Safety Act (CCPSA) applies to manufacturing, importing, selling, and distributing, and applies to a broad range of products. The CCPSA also provides for all of the following EXCEPT
a. mandatory disclosure of defect incidences.
b. increasing penalties for non-compliance.
c. expanding criminal liability to include directors and officers.
d. banning unsafe products and setting standards of quality for others.
e. expressly providing to the consumer a civil cause of action for damages.
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Any agreement that lessens or has the potential to lessen competition may be reviewed by the Competition Bureau, and the Commissioner of Competition may seek enforcement proceedings before the Competition Tribunal seeking such orders including all of the following EXCEPT
a. a cease and desist order.
b. any order requiring some form of corrective or modifying action.
c. fines or imprisonment imposed on parties unless they fail to comply with tribunal orders.
d. a private cause of action for damages based on the legislation.
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To enforce environmental protection laws is no small or easy matter. The enforcement usually involves
a. primarily a private matter, but one where government agencies are empowered to enforce.
b. requiring polluters to refrain from harmful activities, to remedy existing situations, and to pay for the costs of clean-up.
c. situations where public authorities are over-zealous with a wide variety of enforcement mechanisms, which they apply abusively.
d. the responsibility of corporations, since they are the major polluters.
e. the common law tort of nuisance.
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