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304 > T/F > Flashcards

T/F Flashcards

1
Q

The method of law making based on previous court decisions is known as the “common law“

A

True

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2
Q

The human rights commission is an example of a judicial Tribunal

A

False

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3
Q

The bankruptcy and insolvency act provides an alternative to bankruptcy called a “proposal“

A

True

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4
Q

As a general rule parents are not responsible for the torts of their children

A

True

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5
Q

The “love thy neighbour doctrine“ was enacted in the case of “rylan vs Fletcher“ a decision of the house of lords of England

A

False. Donohue vs Stevens

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6
Q

A security agreement must be registered under the PPSA to be affective against the original and subsequent purchasers

A

True

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7
Q

Tenancy in common is a form of coal ownership when one of the parties dies: the other takes the whole property

A

False

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8
Q

And assault is known as a dual offence

A

True

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9
Q

Contracts of insurance and partnership are contracts of uberrima fidei

A

True (utmost faith)

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10
Q

A healthcare directive is the same as a living will

A

True

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11
Q

No one should invest in a limited partnership unless they are prepared to participate in its management

A

False - once they participate they lose status as limited partner

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12
Q

A partnership is not always created by a formal agreement between the partners

A

True

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13
Q

The presumption of undue influence applies to all contracts when alleged

A

False. Only contracts with specific relationships

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14
Q

The law of bailment applies to storage of goods and excludes transit of goods

A

True

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15
Q

All contracts made by an infant are void or avoidable

A

False. Liable for necessaries

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16
Q

A corporation is known as a firm and thus does not terminate upon the death of the majority shareholder

A

False - only “firm” is used when referring to partnership

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17
Q

Mens Rea is an essential ingredient in misrepresentation

A

False. Key in misrepresentation = without knowledge.

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18
Q

A formal contract is one which is written and witnessed by at least two persons

A

False. Is one which is sealed

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19
Q

An interest rate set at 2% per month is enforcible at law

A

False. Needs to be per annum to be enforceable.

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20
Q

Liquidated damages are fixed by the court if the parties to a contract cannot agree in the amount of damages

A

False

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21
Q

The Power of a Corporation to a contract may be restricted by its articles of Association

A

True

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22
Q

A contract of indemnity need not be evidenced in writing

A

True

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23
Q

The Competition Act prohibits private corporations from registering as an extra provincial corporation

A

False

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24
Q

A gratuitous promise is never in forcible unless it is placed under seal

A

False

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25
Q

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

A

True

26
Q

A power of attorney, if properly made out, continues to be valid even after the death of a person for granted it

A

False - dies with person

27
Q

An “invitation to treat” is not an offer at law

A

True

28
Q

All contracts which cannot be completed within one year of its date fall inside the “statue of frauds“

A

True

29
Q

An “offer to purchase” and an “irrevocable offer” have the same legal affect

A

False

30
Q

When the doctrine of part performance is established, verbal contract for the purchase of land are enforcible

A

True

31
Q

The postal acceptance rule applies only when a letter of acceptance is deposited at the post office

A

False - could be a PO Box

32
Q

Privity of contract, means that only those who are parties to a contract can either enforce the rights and obligations it contains

A

True

33
Q

The Partnership Act will supersede the written terms of a partnership agreement

A

False

34
Q

A fee simple is the closest concepts to complete ownership of land

A

True

35
Q

I’ll contract in restraint of trade are unlawful

A

False (lawful if it is reasonable to enforce)

36
Q

Assault and battery must both have a violent element

A

False

37
Q

False imprisonment is a partial restraint of free movement, without lawful justification, against the persons will

A

False - is total restraint

38
Q

Qualified privilege and titles in infants to declare a contract void or voidable

A

False

39
Q

Genuine intention to contract is not voided if there is a mutual mistake as to the existence of the subject matter

A

False

40
Q

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

A

False

41
Q

And occupier of land has a duty to care to all classes of person to come onto the land

A

True (level varies tho, trespasser has less protection)

42
Q

Where a person dies without leaving a will, the survivorship act governs the distribution of the estate

A

False - Intestate Succession Act

43
Q

Bankruptcy and insolvency do not mean the same thing

A

True (insolvency is a financial state. Bankruptcy means debts exceed 1K and no way to pay)

44
Q

Extension in negligence law, of liability beyond the original wrong door, is known as vicarious liability

A

True

45
Q

A partnership is known as a firm and this does not terminate upon the death of one of his partners

A

False - does terminate

46
Q

The presumption of undue influence applies to all contracts made by individuals in specific relationships only

A

False

47
Q

Until a bankruptcy is discharged by the courts, the bankrupt is not released from his or her debts

A

True

48
Q

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

A

True

49
Q

A security agreement must always have been registered to be effective against the original and subsequent purchasers

A

True

50
Q

Strict liability is no longer imposed as law today

A

False

51
Q

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

A

False

52
Q

All contracts which can be completed within one year from their date fall within the statute of frauds

A

False

53
Q

A contract of guarantee need not be evidence in writing if the guarantee is made in the presence of two witnesses

A

False

54
Q

The application of the doctrine of part performance is a means of avoiding the requirements of the statute of frauds

A

True

55
Q

The tort of defamation is better known as libel and slander

A

True

56
Q

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

A

True

57
Q

Impossibility in the performance of a contract is the same as frustration of contract

A

True

58
Q

A right of election at law means all persons, age 18 or over, have a right to vote

A

False - means the have a right to chose where they want to go to trial

59
Q

And occupier of land always the highest degree of protection to an invitee

A

True

60
Q

The provincial court has absolute jurisdiction over all summary conviction matters

A

True

61
Q

The consumer protection act abolishes the parole evidence rule

A

True - when dealing with retailer not private sales

304 (2 decks)

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