T/F Flashcards
The method of law making based on previous court decisions is known as the “common law“
True
The human rights commission is an example of a judicial Tribunal
False
The bankruptcy and insolvency act provides an alternative to bankruptcy called a “proposal“
True
As a general rule parents are not responsible for the torts of their children
True
The “love thy neighbour doctrine“ was enacted in the case of “rylan vs Fletcher“ a decision of the house of lords of England
False. Donohue vs Stevens
A security agreement must be registered under the PPSA to be affective against the original and subsequent purchasers
True
Tenancy in common is a form of coal ownership when one of the parties dies: the other takes the whole property
False
And assault is known as a dual offence
True
Contracts of insurance and partnership are contracts of uberrima fidei
True (utmost faith)
A healthcare directive is the same as a living will
True
No one should invest in a limited partnership unless they are prepared to participate in its management
False - once they participate they lose status as limited partner
A partnership is not always created by a formal agreement between the partners
True
The presumption of undue influence applies to all contracts when alleged
False. Only contracts with specific relationships
The law of bailment applies to storage of goods and excludes transit of goods
True
All contracts made by an infant are void or avoidable
False. Liable for necessaries
A corporation is known as a firm and thus does not terminate upon the death of the majority shareholder
False - only “firm” is used when referring to partnership
Mens Rea is an essential ingredient in misrepresentation
False. Key in misrepresentation = without knowledge.
A formal contract is one which is written and witnessed by at least two persons
False. Is one which is sealed
An interest rate set at 2% per month is enforcible at law
False. Needs to be per annum to be enforceable.
Liquidated damages are fixed by the court if the parties to a contract cannot agree in the amount of damages
False
The Power of a Corporation to a contract may be restricted by its articles of Association
True
A contract of indemnity need not be evidenced in writing
True
The Competition Act prohibits private corporations from registering as an extra provincial corporation
False
A gratuitous promise is never in forcible unless it is placed under seal
False
A Holograph will is valid as long as it is wholly signed in the hand writing of the testator and signed by him without the necessity of witnesses
True
A power of attorney, if properly made out, continues to be valid even after the death of a person for granted it
False - dies with person
An “invitation to treat” is not an offer at law
True
All contracts which cannot be completed within one year of its date fall inside the “statue of frauds“
True
An “offer to purchase” and an “irrevocable offer” have the same legal affect
False
When the doctrine of part performance is established, verbal contract for the purchase of land are enforcible
True
The postal acceptance rule applies only when a letter of acceptance is deposited at the post office
False - could be a PO Box
Privity of contract, means that only those who are parties to a contract can either enforce the rights and obligations it contains
True
The Partnership Act will supersede the written terms of a partnership agreement
False
A fee simple is the closest concepts to complete ownership of land
True
I’ll contract in restraint of trade are unlawful
False (lawful if it is reasonable to enforce)
Assault and battery must both have a violent element
False
False imprisonment is a partial restraint of free movement, without lawful justification, against the persons will
False - is total restraint
Qualified privilege and titles in infants to declare a contract void or voidable
False
Genuine intention to contract is not voided if there is a mutual mistake as to the existence of the subject matter
False
A “dependent“ under the dependants relief act applies to children under the age of 18 years and exclude children over the age of 18 years
False
And occupier of land has a duty to care to all classes of person to come onto the land
True (level varies tho, trespasser has less protection)
Where a person dies without leaving a will, the survivorship act governs the distribution of the estate
False - Intestate Succession Act
Bankruptcy and insolvency do not mean the same thing
True (insolvency is a financial state. Bankruptcy means debts exceed 1K and no way to pay)
Extension in negligence law, of liability beyond the original wrong door, is known as vicarious liability
True
A partnership is known as a firm and this does not terminate upon the death of one of his partners
False - does terminate
The presumption of undue influence applies to all contracts made by individuals in specific relationships only
False
Until a bankruptcy is discharged by the courts, the bankrupt is not released from his or her debts
True
Bailment is a special arrangement, between a person who owns or lawfully possesses a chattel and another person who is given possession of the chattel for a specific purpose
True
A security agreement must always have been registered to be effective against the original and subsequent purchasers
True
Strict liability is no longer imposed as law today
False
A formal contract is one where, if the terms of the offer and acceptance are set forth in writing, it may not be under seal
False
All contracts which can be completed within one year from their date fall within the statute of frauds
False
A contract of guarantee need not be evidence in writing if the guarantee is made in the presence of two witnesses
False
The application of the doctrine of part performance is a means of avoiding the requirements of the statute of frauds
True
The tort of defamation is better known as libel and slander
True
An injunction may be ordered by the court in a situation where there is a breach of a clause in the contract and general restraint of trade
True
Impossibility in the performance of a contract is the same as frustration of contract
True
A right of election at law means all persons, age 18 or over, have a right to vote
False - means the have a right to chose where they want to go to trial
And occupier of land always the highest degree of protection to an invitee
True
The provincial court has absolute jurisdiction over all summary conviction matters
True
The consumer protection act abolishes the parole evidence rule
True - when dealing with retailer not private sales
