Question 1

If in respect of a contract for the sale of goods there is a breach of warranty,the remedy available pursuant to the Sale of Goods Act is

Accepted Answer

A) damages but not repudiation of the contract. 
B) damages and repudiation of the contract. 
C) rescission of the contract. 
D) repudiation of the contract but not damages. 
E) damages or repudiation of contract. 
A) damages but not repudiation of the contract. 
B) damages and repudiation of the contract. 
C) rescission of the contract. 
D) repudiation of the contract but not damages. 
E) damages or repudiation of contract.

Question 2

The War Veterans League sent Martha five sheets of labels with her name and address on them.The enclosure also had a request for a $5.00 payment.If Martha is going to use the self-addressed stickers,is she legally required to send in the payment?

Accepted Answer

A) No,she is not,since legislation prohibits the sending of unsolicited goods. 
B) No,she is not,since this would be a gratuitous donation anyway. 
C) Yes,she is,since use gives the consideration for a binding agreement. 
D) Yes,she is,because there is a moral obligation when benefits are obtained. 
E) No,she is not,since consumer protection statutes expressly state that use of goods does not amount to an acceptance of a seller's offer. 
A) No,she is not,since legislation prohibits the sending of unsolicited goods. 
B) No,she is not,since this would be a gratuitous donation anyway. 
C) Yes,she is,since use gives the consideration for a binding agreement. 
D) Yes,she is,because there is a moral obligation when benefits are obtained. 
E) No,she is not,since consumer protection statutes expressly state that use of goods does not amount to an acceptance of a seller's offer.

Question 3

Standard form contracts employed by sellers are carefully regulated by legislation when it comes to the sale of goods or services to consumers.Some businesses attempt to prevent consumers by applying to the court to enforce their rights through class actions.This is done by inserting a term requiring that disputes be resolved by way of arbitration.In essence,the consumer is precluded from participating in any class action.Three provinces,Ontario,Alberta and Quebec,have legislated away this benefit to sellers by

Accepted Answer

A) allowing arbitrators to hear class proceedings. 
B) by legislating that arbitration clauses in consumer contracts are void and unenforceable. 
C) by increasing the damages that can be awarded against sellers at arbitration. 
D) by requiring sellers to bring these onerous terms to the attention of the consumer prior to signing the contract. 
E) by forcing sellers to incorporate federally. 
A) allowing arbitrators to hear class proceedings. 
B) by legislating that arbitration clauses in consumer contracts are void and unenforceable. 
C) by increasing the damages that can be awarded against sellers at arbitration. 
D) by requiring sellers to bring these onerous terms to the attention of the consumer prior to signing the contract. 
E) by forcing sellers to incorporate federally.

Question 4

Jack buys a second-hand car from Charles,who is not a retail seller.The province in which the sale takes place does not require that the car be certified.After two months,Jack finds that the car requires substantial repairs.In this case

Accepted Answer

A) there is a breach of the implied condition of fitness for purpose. 
B) there is a breach of the implied condition of merchantable quality. 
C) there is a fundamental breach of contract. 
D) there is a breach of the implied warranties under the Sale of Goods Act. 
E) the maxim caveat emptor applies. 
A) there is a breach of the implied condition of fitness for purpose. 
B) there is a breach of the implied condition of merchantable quality. 
C) there is a fundamental breach of contract. 
D) there is a breach of the implied warranties under the Sale of Goods Act. 
E) the maxim caveat emptor applies.

If in respect of a contract for the sale of goods there is a breach of warranty,the remedy available pursuant to the Sale of Goods Act is

The War Veterans League sent Martha five sheets of labels with her name and address on them.The enclosure also had a request for a $5.00 payment.If Martha is going to use the self-addressed stickers,is she legally required to send in the payment?

Jack buys a second-hand car from Charles,who is not a retail seller.The province in which the sale takes place does not require that the car be certified.After two months,Jack finds that the car requires substantial repairs.In this case

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

Filters

Exam 14: Sale of Goods and Consumer Contracts

If in respect of a contract for the sale of goods there is a breach of warranty,the remedy available pursuant to the Sale of Goods Act is

The War Veterans League sent Martha five sheets of labels with her name and address on them.The enclosure also had a request for a $5.00 payment.If Martha is going to use the self-addressed stickers,is she legally required to send in the payment?

Jack buys a second-hand car from Charles,who is not a retail seller.The province in which the sale takes place does not require that the car be certified.After two months,Jack finds that the car requires substantial repairs.In this case

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

The Law of Torts

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

Filters