Quiz # 1 - Spring 2022

 Question 1
5 out of 5 points
Two parties have been casually discussing a potential business deal, and each party
sends the other an offer in the mail; neither are aware of the other party’s offer. Is
there a binding contract between the parties?
Selected 1.
Answer: No, the rules of offer and acceptance state that the offer must be
communicated to and accepted by the person to whom it is made.
Answers: 1.
No, the rules of offer and acceptance state that the offer must be
communicated to and accepted by the person to whom it is made.
2.
Yes, whichever offer was sent first is deemed to be a binding contract.
3.
No, there has been a counteroffer that rejects the original offer.
4.
Yes, both offers are binding contracts because as soon as an offer is sent
by mail there is a deemed binding contract between the parties.
 Question 2
5 out of 5 points
Which of the following situations is most likely to not lead to a claim for negligence?
Selected 4.
Answer: A customer was inconvenienced when a store did not have any of items
they advertised.
Answers: 1.
A business polished the floors inside of its building and did not place
the appropriate warning notices.
2.
A business failed to clean its parking lot after a heavy snow storm and
a customer slipped and fell.
3.
A customer drank lemonade that was contaminated with toxic
chemicals.
4.
A customer was inconvenienced when a store did not have any of items
they advertised.
 Question 3
0 out of 5 points
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Khalid offers to sell Jolene his car for a $10,000 lump sum by cash payment. Jolene
accepts and responds that she will pay by five instalments of $2,000. Khalid then
sells the car to another party. Should Khalid’s original offer to Jolene be enforced?
Selected 2.
Answer: No, because Khalid is under no obligation to accept Jolene’s acceptance
and can change his mind at any time.
Answers: 1.
No, because technically there has been a counteroffer that terminated
Khalid’s original offer.
2.
No, because Khalid is under no obligation to accept Jolene’s acceptance
and can change his mind at any time.
3.
Yes, because Khalid’s offer remains open until it has been accepted.
4.
Yes, because the five instalment payments will still total $10,000 and
are therefore good consideration.
 Question 4
5 out of 5 points
Julie was sued in the Superior Court of Justice for causing damage to a road and the
facts of the case are very similar to one that the Supreme Court of Canada just
passed judgment on. What should the trial judge do?
Selected 3.
Answer: Apply the doctrine of stare decises
Answers: 1.
Base their decision on the defendant's ability to pay for
the damages
2.
Apply the doctrine of ultra vires
3.
Apply the doctrine of stare decises
4.
Apply any decision they feel is appropriate
 Question 5
5 out of 5 points
Which of the following statements regarding the doctrine of promissory
estoppel is true?
Selected 2.
Answer: Promissory estoppel allows a promise to be enforced even if that
promise is not supported by consideration.
Answers: 1.
In the case of Central London Property Trust Ltd v High Trees House
Ltd, the court decided to enforce the debt of the defendant
2.
Promissory estoppel allows a promise to be enforced even if that
promise is not supported by consideration.
3.
Promissory estoppel is to be used as a sword, not a shield.
4.
The promise must be expressed in words or writing in order to be
enforced through estoppel
 Question 6
5 out of 5 points
What are the three main branches of government?
Selected 1.
Answer: Executive, legislative, and
judicial
Answers: 1.
Executive, legislative, and
judicial
2.
Executive, administrative, and

judicial
3.
Administrative, legislative, and
judicial
4.
Executive, administrative,
legislative
 Question 7
5 out of 5 points
Which of the following are complete defences in a tort action?
Selected 3.
Answer: Assumption of risk and illegality
Answers: 1.
Contributory negligence and
foreseeability
2.
Foreseeability and illegality
3.
Assumption of risk and illegality
4.
Contributory negligence and assumption
of risk
 Question 8
5 out of 5 points
Which of the following statements about contract law is true?
Selected 1.
Answer:
A contract made under seal does not require consideration.
Answers: 1.
A contract made under seal does not require consideration.
2.
Acceptance by regular mail occurs when the letter arrives at its

destination, regardless of whether it is opened and read.
3.
A counteroffer revokes an offer only when this is a specified term of the
counteroffer.
4.
If offers are made to several parties simultaneously, and all are

accepted, only the first acceptance creates a binding contract
 Question 9
5 out of 5 points
What is the main advantage of using ADR rather than going to court?
Selected 4.
Answer: It is less expensive than litigation.
Answers: 1.
The doctrine of judicial precedent is
applied.
2.
Decisions can be appealed.
3.
The process is lengthier and more
thorough.
4.
It is less expensive than litigation.
 Question 10
5 out of 5 points
Which of the following is the most correct definition of common law?
Selected 2.
Answer: Law made by judges
Answers: 1.
Law made by parliament
2.
Law made by judges
3.
Law made by the provincial
legislatures
4.
Law made by municipal
governments
 Question 11
5 out of 5 points
Which of the following is true about the Constitution Act, 1982?
Selected 2.
Answer: It incorporated the Canadian Charter of Rights and Freedoms into the
Constitution.
Answers: 1.
It amended the Constitution Act, 1867 and provided the division of
powers between the federal and provincial government.
2.
It incorporated the Canadian Charter of Rights and Freedoms into the
Constitution.
3.
It restructured the three main branches of the government.
4.
It allowed for the public to be able to elect members of the judiciary.
 Question 12
5 out of 5 points
The standard of proof required in a civil matter is:
Selected 1.
Answer: On a balance of probabilities
Answers: 1.
On a balance of probabilities
2.
Beyond a reasonable person's
standard
3.
Beyond a reasonable doubt
4.
Beyond all possibilities
 Question 13
0 out of 5 points
Which of the following agreements is most likely to be deemed legally binding?
Selected 2.
Answer: Jennifer, a minor, enters into a loan agreement with Unibond Financial
Services for $5,000.
Answers: 1.
Mitch and Adam, two businessmen, negotiate and form an agreement
after having shared a bottle of whisky.
2.
Jennifer, a minor, enters into a loan agreement with Unibond Financial
Services for $5,000.
3.
Nina enters into agreement to sell her diamond ring to Ursula, her work
colleague.
4.
Marsha has suffered from severe mental disability for many years and
recently entered an agreement to sell her very rare stamp collection.
 Question 14
0 out of 5 points
Which of the following statements regarding the law of negligence is correct?
Selected 3.
Answer: A defendant will escape liability when there is contributory negligence
on the part of the plaintiff.
Answers: 1.
Nuisance, negligence, occupier’s liability, and vicarious liability are all
examples of unintentional torts.
2.
A defendant will escape liability when there is no causal link in
negligence actions.
3.
A defendant will escape liability when there is contributory negligence
on the part of the plaintiff.
4.
Donoghue v Stevenson is a case used to illustrate the importance of
escaping manufacturer liability.
 Question 15
5 out of 5 points
Which of the following statements would most likely amount to an offer?
Selected 1.
Answer: Martha wrote to Mildred, stating in the communication, “I am prepared to
sell you my diamond necklace for $2,000 and I eagerly await your
response.”
Answers: 1.
Martha wrote to Mildred, stating in the communication, “I am prepared to
sell you my diamond necklace for $2,000 and I eagerly await your
response.”
2.
Flyers with text that says, “Everything must go! Designer labels, with
Versace suits as low as $120.00” are delivered around the
neighbourhood.
3.
Norman places a notice in his shop window that reads, “To anyone who is
prepared to pay the highest price for my Monet painting.”
4.
Fred contacts Charlie to find out what is the lowest price he would accept
for his rare stamp collection. Charlie replies that the lowest price would
be $15,000.
 Question 16
0 out of 5 points
Which of the following would not constitute acceptance of a contractual agreement?
Selected 1.
Answer: A voicemail message that is heard before the stipulated deadline of the
offer.
Answers: 1.
A voicemail message that is heard before the stipulated deadline of the
offer.
2.
A handshake between directors in a board meeting.
3.
An acceptance letter sent in the mail when the agreement terms
stipulated acceptance via fax.
4.
The nod of the head between two business people after negotiation
ends and an agreement is on the table.
 Question 17
5 out of 5 points
In addition to quantifiable harm, what are the essential elements of a negligence
lawsuit?
Selected 4.
Answer: Duty of care, breach of standard of care, causation, and foreseeability
Answers: 1.
Foreseeability, breach of standard of care, the reasonable person test,
and causation
2.
Duty of care, causation, breach of standard of care, and the
reasonable person test
3.
Duty of care, breach of standard of care, foreseeability, and the
reasonable person test
4.
Duty of care, breach of standard of care, causation, and foreseeability
 Question 18
5 out of 5 points
Under Ontario’s Occupiers’ Liability Act, an occupier:
Selected 2.
Answer: Must ensure that all visitors are reasonably safe.
Answers: 1.
Must ensure that only people who have an implied invitation are
reasonably safe.
2.
Must ensure that all visitors are reasonably safe.
3.
Must ensure that only people who are expressly invited to their
premises are reasonably safe.
4.
Must ensure that only professionals who are invited are reasonably
safe.
 Question 19
5 out of 5 points
What is the test used to establish causation in negligence?
Selected 2.
Answer: The but-for test
Answers: 1.
The foreseeability test
2.
The but-for test
3.
The causal link test
4.
The reasonable person
test
 Question 20
5 out of 5 points
Carlson Construction and Globe Gym sign a written agreement in January 2018 that
provides Carlson Construction will build a deck at the gym in April 2018. If the
agreement provides that Globe Gym will pay for the deck upon signing, is Carlson
Construction entitled to additional consideration when they begin building at a later
date?
Selected 1.
Answer: No, because the construction company has not provided anything over
and above what they originally agreed.
Answers: 1.
No, because the construction company has not provided anything over
and above what they originally agreed.
2.
Yes, because the payment clause is a one-sided promise and requires
additional payment to satisfy the requirement for mutual consideration.
3.
Yes, there has been a variation of the contract terms and therefore
additional consideration must be paid.
4.
No, because the payment clause is a one-sided promise and the contract
itself is unenforceable.
Saturday, September 26, 2020 6:14:32 AM EDT
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 Question 1

Executive, administrative, and

A contract made under seal does not require consideration.

Acceptance by regular mail occurs when the letter arrives at its

If offers are made to several parties simultaneously, and all are

Saturday, September 26, 2020 6:14:32 AM EDT

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