Part A:
1. _________ The physical transfer of personal property is deemed a transfer of ownership rights.
2 _________ A cooling off period is a period during which consumers can cancel their contracts without providing businesses with any justification for doing so.
3. _________ Employees who have been wrongfully dismissed have no duty to mitigate their damages by finding a job during the notice period.
4. _________ Collective agreements are agreements between unions, determining the membership of each.
5. _________ An employment contract may be unenforceable if a job has changed so drastically since the employee initially accepted it that the contract no longer represents the employment relationship.
6. _________ A reasonable person is a normal, average, prudent individual, and the standard of care can vary depending on the circumstances.
7. __________A land mortgage must be registered at the Land Title Office to be enforceable against third parties.
8. __________A built-in dishwasher is not a fixture.
9. _________ Copyright protection exists for 50 years after the creator's death.
10. _________ A Security Agreement covers details of a corporation's capital structure
Part B:
1. Which of the following restrictive trade practices under the federal Competition Act is not a reviewable activity by the Competition Tribunal?
a. Refusal to deal
b. Price discrimination
c. Exclusive dealing
d. Tied selling
2. An unconscionable representation
a. is a criminal act
b. gives the buyer an automatic right to exemplary damages
c. can be evidence that a transaction is unfair and support a buyer's right to a remedy
d. is irrelevant because of the caveat emptor rule
3. When may a worker refuse to do work according to the BC health and safety legislation?
a. When danger is an inherent part of the job
b. When a worker has a sincere and reasonable belief that the equipment or physical condition of the workplace is likely to endanger her or another worker
c. When the joint health and safety committee has refused to issue a stop-work order
d. When a worker is aware that hazardous materials are present in the workplace
4. Which of the following is unlikely to result in a successful claim of constructive dismissal?
a. Significant changes to benefit packages
b. Relocation to a different city
c. Reconfiguration of the office cubicles
d. Changes in duties or responsibilities
5. To which of the following does the BC Sale of Goods Act apply?
a. the sale of a car
b. the rental of an apartment
c. sale of a house
d. rental of a motel
6. Which statement is incorrect?
a. Copyright protection requires originality and fixation
b. Inventions that are improvements to other inventions may be patented
c. Patents must be useful and have market value
d. Trademark law is based on the tort of passing off
7. To obtain insurance, you must have which one of the following?
a. an insurance policy
b. an insurable interest
c. sufficient float
d. possession of the insured property
8. Which of the following are property related insurance policies which businesses carry?
a. Property loss
b. Property liability
c. Occupiers liability
d. Business interruption
e. All of the above
9. Negligence is established only when the plaintiff proves that the defendant could foresee
a. that the plaintiff would purchase defendant's goods
b. that the plaintiff or someone like her might be harmed or incur a loss as a result of defendant's actions
c. that the plaintiff or someone like her might be harmed or incur a loss as a result of defendant's actions, and that the full extent of the harm actually suffered by the plaintiff was also reasonably foreseeable
d. All of the above
10. A cheque with a restrictive endorsement is cashable
a. by anyone
b. within 30 days
c. by the payee named on the front of the cheque only
d. None of the above
Part C:
1. Describe the implied warranties under the BC Sale of Goods Act.
2. Identify and briefly describe one restrictive trade practice related to the nature of a business that is a reviewable activity under the federal Competition Act.
3. What is a ‘bona fide occupational qualification' and why is it significant? Provide an example.
4. Briefly describe two types of restrictive covenant. What can an employer do to make a restrictive covenant more likely to be enforced by a court.
5. Why was it necessary for governments to introduce legislation to control environmental damage?
6. Compare and contrast a cheque and a promissory note.
7. List the employment standards governed by the BC Employment Standards Act as well as the four key rights given to workers by the BC Occupational Health and Safety Regulations under the BC Workers Compensation Act.
8. What does trademark law protect? Provide 2 examples.
9. List the possible defences to a claim of negligence.
Part D:
1. Discuss various business strategies to avoid unionization of the workplace.
2. Describe and explain the 5 rules that determine when title passes from seller to buyer. Why is it important to know this?
3. Following the bankruptcy of Spartex Lumber Ltd., the trustees scheduled a first meeting of creditors, in which the creditors had the opportunity to question the bankrupt and the trustee about the events leading to the bankruptcy, the assets and the administration of the bankrupt's estate. The creditors learned the following:
a. Just before the bankruptcy, Gino Spartex, the general manager, sole shareholder and director, transferred 2 company vehicles into his own name after paying $3,000. to the company as payment for the vehicles. Was this permissible? Why or why not?
b. Gino's aunt Louise had loaned money to the company. When the business was in trouble, Gino paid the aunt's loan back while not making payments on other loans. Was this permissible? Why or why not?