Knowledge Check Flashcards
mod 10: Robin owns land that she leases to Bob. Robin’s right to receive rent from Bob is:
- intangible personal property
Bob’s right to possess the land is a possessory interest in real property. But robin’s right to receive rent is neither a possessory interest in real property nor nonpossessory interest in real property. Robin’s right to collect rent is an account receivable, which is a form of a intangible personal property.
mod 10: In john‘s backyard, there is a shed. In the shed, there are four posts which hold up the roof. Attached to one of the posts, by a single nail, as a small thermometer, so john can know the temperature in the shed. The thermometer is the third one john has placed on the post, after the first two stopped working. The thermometer is:
- tangible personal property
mod 10: Juliet is considering whether to register her trademark. Which of the following is not true:
- registration will give Juliet exclusive use of the mark across Canada with respect to all goods and services (not all goods and services)
mod 10: with respect to copyright law, which of the following would not be considered fair dealing:
- copying Adele‘s latest hit song using computer file sharing software
mod 11: Britney is Lindsey‘s agent. The agency agreement between Lindsey and Britney provides that Britney has actual authority a $500,000. At a recent tradeshow, Lindsay introduced Britney as her agent and told people that Britney had authority to enter contracts on behalf of Lindsey for up to $1 million. Britney has now entered into a contract on behalf of Lindsey, for $750,000. Britney believed that the contract is a very good contract for Lindsey which is true:
- Britney has breached the contractual duty she owes to Lindsay
Britney has acted outside of her actual authority, but within her apparent authority. As a result, the contract Lindsay has entered into on Britney‘s behalf is legally binding on Lindsey. However, Britney breached the agency agreement by exceeding her actual authority. Accordingly, Linsey can sue Britney for breach of contract.
mod 11: Spencer is negotiating as an agent on behalf of a principal who wishes to remain anonymous. Spencer has told the third-party that he has authority to enter into contracts on behalf of his principal up to $1 million. In fact, Spencer only has authority from his principal up to $750,000. Spencer has now entered into a contract on behalf of his principal for $800,000. Which is true:
- Spencer is liable to the third party under tort law
Because Spencer is negotiating on behalf of an unnamed principal, Spencer cannot have any apparent authority because the principal has not done or said anything to give Spencer the appearance of being authorized. Accordingly, Spencer’s only authority is his actual authority, which is $750,000. Therefore, Spencer has acted outside of his authority, and the contract is not binding on Spencer’s principle. However, the third-party can sue Spencer for the tort of misrepresentation, because Spencer let the third-party to believe he had authority which he did not have.
mod 11: Rick, Martha and Rob are all limited partners of RMR limited partnership, having each invested $150,000 in RMR. They do not participate in managing the business of RMR. JDP holdings is the general partner of RMR. Rick and Martha each own 50% of the shares of GDP. A court has found RMR liable for $100,000 for preaching a contract that I had with Sally. How much can Sally collect from Martha:
- $0
Martha is a limited partner and does not participate in managing the business of RMR. Accordingly, Martha has limited liability with respect to the debts of RMR. As a shareholder of JDP, Martha also has limited liability with respect to the deaths of JDP. Therefore, Sally cannot collect anything from Martha
mod 11: mag intends to operate a business selling handmade necklaces at the beach. She intends to run the business with money she has saved up, and she is not concerned about potential liability. Megs friend, Marcy, intends to help staff the business, for which she will be paid a salary. Mag does not have much money. Which would be the best form of business organization for mag:
- sole proprietorship
mod 11: corporate law flows primarily from the concepts of:
- agency and separate legal existence
mod 11: ABC operates a retail business. Alan owns 60% of the voting shares of ABC. Mariam owns 40% of the shares of ABC and is the sole director of ABC. Alan has recently discovered that Miriam has been negligent in managing the business and affairs of ABC. What is the best strategy for Alan:
- call a shareholders meeting to elect new directors of ABC
mod 12: darrell punches Francesco in the face. Which of the following best describes the possible legal consequences?
- darrell can be both charged with a crime of assault and subject to an action in tort
mod 12: which of the following is not a barrier to achieving compensation in tort law?
- A moment of carelessness can result in disproportionate harm to the plaintiff
mod 12: John tells Freda he’s going to kiss her. She tells john he better not try it. John comes very close to Freda and she slaps him in the face. John sues Freda for battery. Was Frida permitted to take action in self-defence?
- yes
mod 12: was freda’s force reasonable in the circumstances?
Yes
mod 12: what are the elements of the duty of care test set out in Cooper v Hobart?
- foreseeability, proximity, residual policy considerations
