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law 2101 Term 2 > Quiz Questions > Flashcards

Quiz Questions Flashcards

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1
Q

mod 10: The purpose of a trademark used in association with a product is to

A
  • differentiate wares or services of one person or organization from those of others in the marketplace
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2
Q

mod 10: The three necessary components of passing off action are 1. the existence of goodwill, 2. the use of a similar trademark, 3. potential damage to the plaintive

A

False

  1. Existence of Goodwill
  2. Deception of the public due to a misrepresentation
  3. Potential damage to the plaintiff
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3
Q

mod 10: Patent protection aims to balance rights between

A
  • public and inventor
  • The inventor gets exclusive rights to the invention but has to disclose the invention to the public, the public receives the benefit of learning how to replicate the invention
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4
Q

mod 10: Which statement is most accurate

A

A. Canadian patent cover new inventions or new and useful improvements of existing invention an extent to all countries (false)
B. Copyrights provide an exclusive right for 20 years for a literary, artistic, dramatic or musical works, performance, sound recording and communication signal (false)
C. Foreign patents protect an invention within Canada (false)
D. Trade secrets only protects confidential information for as long as the information remains confidential (true)

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5
Q

mod 10: The creator of the work always owns the copyright

A

False

  • if the work was created in the course of employment, then the employer owns the copyright
  • if a work is commissioned, then the commissioner owns the copyright
  • in most other instances, the creator will own the copyright
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6
Q

mod 10: Which statement is correct?

A

A. A life estate is the greatest private interest that a person can have in real property (false)
B. A fee simple is the greatest private interest than a person can have a real property (true)
C. A lease hold the state is the greatest private interest that I person can have a real property (false)
D. A fee simple is a paramount interest that cannot be defeated (false)

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7
Q

mod 10: An air conditioner that is affixed to the outside of the home is

A
  • Real property
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8
Q

mod 10: Which is not an example of a bailment

A

A. Dry cleaning
B. A suitcase stored with a hotel concierge
C. A purse left at a restaurant
D. A bag of clothes left in a donation box (this is not an example because if someone donates clothes, that person gives up ownership of the donated clothes)

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9
Q

mod 11: Doug and Susan are lawyers and want to go into business together as partners, the best form of business organization for Doug and Susan would be:

A
  • Limited liability partnership
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10
Q

mod 11: Mia has acted as Tom’s agent three times in negotiations with Marvin, each time reaching a successful agreement with Marvin on behalf of Tom. Tom fired Mia as his agent, but did not tell anyone else. Mia has now negotiated another deal with Marvin, on behalf of Tom, without an actual authority to do so, what is true?

A
  • Tom can sue Mia for damages
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11
Q

mod 11: Rick and Martha have a partnership. Rick has a 40% interest in the partnership and Martha has a 60% interest in the partnership. a court has found the partnership liable for $100,000 for negligence caused to Sally. How much can sally collect from Martha?

A
  • $100,000
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12
Q

mod 11: what is the key feature that distinguishes the corporation from sole proprietorships and partnerships?

A
  • a corporation exists as a separate legal entity
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13
Q

mod 11: what is the legal relationship between the directors of the corporation and the corporation itself?

A
  • agency
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14
Q

mod 11: which one of the following duties does a corporate director not owe?

A
  • A duty to act in the best interest of the shareholders
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15
Q

mod 12: which of the following is an assault?

  • slapping someone’s face
  • coming toward someone with a raised bat
  • threatening to kill someone next week
  • having sex without consent
A

Coming toward someone with a raised bat

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16
Q

mod 12: which of the following statements is true about the Bettel v. Yim?

A
  • the defendant was held liable in battery for all injuries suffered, since a person who commits a battery is liable for all the consequences that result from it, whether or not those consequences were intended
17
Q

mod 12: which of the following statements about self defence or the defence of third parties is false?

A
  • to successfully invoke the defence of third parties, the defendant must have previously known the person he or she was defending
18
Q

mod 12: what do tort law and criminal law have in common?

A
  • they both can deter wrongful conduct
19
Q

mod 12: which of the following is not a battery?

A
  • tapping someone one the shoulder
20
Q

mod 12: which of the following statements about the duty to warn is false?

A
  • the manufacturer’s duty to warn stops once the consumer has purchased the product
21
Q

mod 12: dr. Burke is a surgeon with an injured hand. This injury causes his hand to tremble sometimes without any warning. In spite of this, Dr. Burke continues to operate over a period of weeks. During surgery one day, Dr. Burke’s hand starts to tremble, and his patient is rendered a paraplegic. To what standard of care will he be held?

A
  • The standard of a reasonable surgeon
22
Q

mod 12: what statement best describes the supreme court of Canada’s majority ruling in Dobson v. Dobson?

A
  • pregnant women do not owe a duty of care in law to their foetus
23
Q

mod 12: Which of the following statements about the duty to rescue and render aid is true?

A
  • An innocent bystander at the scene of a car crash has no duty to rescue and render aid
24
Q

mod 12: The plaintiffs damages will not be to remote in law to be recoverable if:

A
  • They are a reasonably foreseeable result of the defendants negligence
25
Q

mod 12: which one of the following would not be protected by the reasonable journalism defence?

A
  • A sensational front page story in which an Ottawa window cleaner alleges that the Prime Minister likes to parade around his bedroom and women’s clothing
26
Q

mod 14: the phrase “instinct with obligation” in the wood v. Lucy, lady Duff-Gordon case means that:

A
  • although there may not be an explicit promise, there may be an implicit one, and this is sufficient consideration
27
Q

mod 14: according to waddams, “the court gives two kinds of remedies for breach of contract blank and blank. The first refers to an order where the court requires that the defendant do something or refrain from doing something. The second refers to a measurement of financial loss.

A
  • specific, monetary
28
Q

mod 14: Jarvis v. Swans tours was a revolutionary case in that it was the first one to give contractual damages for the loss of:

A
  • enjoyment
29
Q

mod 14: The plaintiff in whiten v. Pilot insurance was awarded $1 million in punitive damages because it was found that the defendant:

A
  • outrageously exploited the parties’ relationship of reliance and vulnerability
30
Q

mod 14: which of the following is not a requirement of proprietary estoppel?

A
  • Party A makes a representation or assurance to party B, on the basis of which party B is led to believe that party A will not strictly enforce their legal rights under a contract
31
Q

mod 14: According to the majority decision in Peevyhouse v garland and mining, the proper measure of damages is:

A
  • ordinarily based on the cost of performance
32
Q

mod 13: which of the following is not recognized as a ground that will establish the breakdown of a marriage?

A
  • The commission of a criminal offence by one of the parties
33
Q

mod 13: which of the following is true regarding the spousal support advisory guidelines?

A
  • if there are no dependent children at the time the spousal support is determined, the without child support formula applies
34
Q

mod 13: The best interests of the child are determined without reference to the views and preferences of the child

A

False

35
Q

mod 13: The parties to marriage and cohabitation agreements may state the rights regarding education, moral training, and custody of children

A

False

36
Q

mod 13: in halpern v. attorney general of Canada, the Ontario court of appeal held that the common law definition of marriage was inconsistent with the Canadian charter of rights and freedoms to the extent that it excluded same sex couples

A

True

law 2101 Term 2 (10 decks)

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