Quiz Questions Flashcards
mod 10: The purpose of a trademark used in association with a product is to
- differentiate wares or services of one person or organization from those of others in the marketplace
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
False
- Existence of Goodwill
- Deception of the public due to a misrepresentation
- Potential damage to the plaintiff
mod 10: Patent protection aims to balance rights between
- 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
mod 10: Which statement is most accurate
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)
mod 10: The creator of the work always owns the copyright
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
mod 10: Which statement is correct?
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)
mod 10: An air conditioner that is affixed to the outside of the home is
- Real property
mod 10: Which is not an example of a bailment
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)
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:
- Limited liability partnership
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?
- Tom can sue Mia for damages
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?
- $100,000
mod 11: what is the key feature that distinguishes the corporation from sole proprietorships and partnerships?
- a corporation exists as a separate legal entity
mod 11: what is the legal relationship between the directors of the corporation and the corporation itself?
- agency
mod 11: which one of the following duties does a corporate director not owe?
- A duty to act in the best interest of the shareholders
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
Coming toward someone with a raised bat
mod 12: which of the following statements is true about the Bettel v. Yim?
- 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
mod 12: which of the following statements about self defence or the defence of third parties is false?
- to successfully invoke the defence of third parties, the defendant must have previously known the person he or she was defending
mod 12: what do tort law and criminal law have in common?
- they both can deter wrongful conduct
mod 12: which of the following is not a battery?
- tapping someone one the shoulder
mod 12: which of the following statements about the duty to warn is false?
- the manufacturer’s duty to warn stops once the consumer has purchased the product
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?
- The standard of a reasonable surgeon
mod 12: what statement best describes the supreme court of Canada’s majority ruling in Dobson v. Dobson?
- pregnant women do not owe a duty of care in law to their foetus
mod 12: Which of the following statements about the duty to rescue and render aid is true?
- An innocent bystander at the scene of a car crash has no duty to rescue and render aid
mod 12: The plaintiffs damages will not be to remote in law to be recoverable if:
- They are a reasonably foreseeable result of the defendants negligence
