Question 1

Explain how the Bankruptcy and Insolvency Act protects the position of an unpaid seller.

Accepted Answer

Under the Bankruptcy and Insolvency Act,

Question 2

Alf bought a car from Mr. Wojchu for $10,000. Shortly afterwards, a bailiff, acting for a lender with a security interest in the car with payments in default, seized the car. The financing statement for the security interest had been properly registered in time. Alf wants to sue Mr. Wojchu. Which of the following correctly sets out his legal position?

Accepted Answer

A)  Alf will win. Mr. Wojchu has failed to deliver clear title. 
B)  Alf will win. The goods were not of merchantable quality. 
C)  Wojchu will lose. Risk follows title. 
D)  Alf will lose. Caveat emptor applies. 
E)  Alf will lose. It was his obligation to search the title and he failed to. 
A)  Alf will win. Mr. Wojchu has failed to deliver clear title. 
B)  Alf will win. The goods were not of merchantable quality. 
C)  Wojchu will lose. Risk follows title. 
D)  Alf will lose. Caveat emptor applies. 
E)  Alf will lose. It was his obligation to search the title and he failed to.

Question 3

The Bankruptcy and Insolvency Act allows a supplier of goods to recover those goods even after they are delivered to the purchaser if

Accepted Answer

A)  within 30 days of delivery, the debtor has become bankrupt or a receiver has been appointed, provided the debtor or trustee still has the goods. 
B)  within 30 days of delivery, the debtor has become insolvent, provided the debtor or trustee still has the goods. 
C)  within 6 months of delivery, the debtor has become bankrupt or a receiver has been appointed, provided the debtor or trustee still has the goods. 
D)  within 6 months of delivery, the debtor has become insolvent, provided the debtor or trustee still has the goods. 
E)  within 7 days of delivery, the debtor has become bankrupt or a receiver has been appointed, even if the goods have been transferred to a third party. 
A)  within 30 days of delivery, the debtor has become bankrupt or a receiver has been appointed, provided the debtor or trustee still has the goods. 
B)  within 30 days of delivery, the debtor has become insolvent, provided the debtor or trustee still has the goods. 
C)  within 6 months of delivery, the debtor has become bankrupt or a receiver has been appointed, provided the debtor or trustee still has the goods. 
D)  within 6 months of delivery, the debtor has become insolvent, provided the debtor or trustee still has the goods. 
E)  within 7 days of delivery, the debtor has become bankrupt or a receiver has been appointed, even if the goods have been transferred to a third party.

Question 4

When goods are sold, who normally bears the risk?

Accepted Answer

Risk follows title. That is, w

Question 5

Explain the liability of the parties on an "accepted" bill of exchange.

Accepted Answer

The act of acceptance is done when the d

Question 6

To which of the following transactions would the Sale of Goods Act apply?

Accepted Answer

A)  A contract to get a dress mended and cleaned 
B)  A contract for a haircut 
C)  A contract for a boat 
D)  A contract for a house 
E)  A contract with a warehouseman to store a Chevrolet car 
A)  A contract to get a dress mended and cleaned 
B)  A contract for a haircut 
C)  A contract for a boat 
D)  A contract for a house 
E)  A contract with a warehouseman to store a Chevrolet car

Question 7

Sales made to consumers at their dwellings or places of business are known as ________.

Accepted Answer

direct sal

Question 8

Explain the rights conveyed in an "unpaid seller's lien."

Accepted Answer

The seller, so long as the goods are in

Question 9

Which of the following is false with respect to the law of negotiable instruments?

Accepted Answer

A)  Negotiable instruments are controlled by provincial legislation. 
B)  The Bills of Exchange Act is federal legislation. 
C)  The Bills of Exchange Act governs the area of negotiable instruments. 
D)  A holder in due course is in a better position than he would be as the receiver of contractual rights through assignment. 
E)  A bill of exchange involves three parties. 
A)  Negotiable instruments are controlled by provincial legislation. 
B)  The Bills of Exchange Act is federal legislation. 
C)  The Bills of Exchange Act governs the area of negotiable instruments. 
D)  A holder in due course is in a better position than he would be as the receiver of contractual rights through assignment. 
E)  A bill of exchange involves three parties.

Question 10

What are the rights of the purchasers when the goods do not match the description?

Accepted Answer

This is a breach of condition,

Question 11

Which of the following statements is correct with respect to a contract for the purchase of goods?

Accepted Answer

A)  Where a breach of a condition is involved, the obligation of the victim of the breach is ended and that person need not perform her side of the agreement. 
B)  Where a breach of a condition is involved, the contract is still in force and the victim of the breach must still perform her side of the agreement. 
C)  Where a breach of a warranty is involved, the obligation of the victim of the breach is ended and that person need not perform her side of the agreement. 
D)  The purpose of the inclusion of a warranty in a sale of goods contract is to force the seller of those goods to repair the goods if they are defective. 
E)  The purchaser has a claim against the manufacturer only if the goods purchased are defective. 
A)  Where a breach of a condition is involved, the obligation of the victim of the breach is ended and that person need not perform her side of the agreement. 
B)  Where a breach of a condition is involved, the contract is still in force and the victim of the breach must still perform her side of the agreement. 
C)  Where a breach of a warranty is involved, the obligation of the victim of the breach is ended and that person need not perform her side of the agreement. 
D)  The purpose of the inclusion of a warranty in a sale of goods contract is to force the seller of those goods to repair the goods if they are defective. 
E)  The purchaser has a claim against the manufacturer only if the goods purchased are defective.

Question 12

Explain what kind of protection is provided by the Trade Practices Act (Unfair Practices Act, Business Practices Act, Fair Trading Act, etc. depending on the jurisdiction).

Accepted Answer

This legislation prohibits and provides

Question 13

What steps have been taken provincially to protect a purchaser with respect to the quality of the goods that are purchased?

Accepted Answer

This will vary with jurisdictions. For e

Question 14

Joe left his car at Harry's tire store, asking Harry to put a particular model of tire from his stock onto the vehicle while Joe went into his office in town. During the day, the tires were installed on the car, and Joe returned that evening to pick up the car. At what point did title on the tires transfer?

Accepted Answer

This is Rule #5. Title transfers when th

Question 15

When the holder of a negotiable instrument signs his name in the form of an endorsement before passing it on to a subsequent holder, what risk does he take?

Accepted Answer

If the note is disho

Question 16

Under the Consumer Packaging and Labelling Act, certain dangerous drugs that are useful are allowed to be sold under controlled conditions.

Accepted Answer

A) True 
 B)False

Question 17

To which one of the following contracts would the Sale of Goods Act apply?

Accepted Answer

A)  A contract for a table where title to the table will not pass to the buyer until some future date 
B)  A contract for the assignment of a company's accounts receivable 
C)  A contract by which two computer programs were swapped for two others 
D)  A contract with a dentist to have a tooth filled 
E)  A contract for the purchase of a farm 
A)  A contract for a table where title to the table will not pass to the buyer until some future date 
B)  A contract for the assignment of a company's accounts receivable 
C)  A contract by which two computer programs were swapped for two others 
D)  A contract with a dentist to have a tooth filled 
E)  A contract for the purchase of a farm

Question 18

The mission of ________ is to foster a growing, competitive, knowledge-based Canadian economy.

Accepted Answer

A)  Industry Canada 
B)  the Competition Bureau 
C)  the Superintendent of Bankruptcy 
D)  the Canadian Consumer Handbook 
E)  the Sale of Goods Act 
A)  Industry Canada 
B)  the Competition Bureau 
C)  the Superintendent of Bankruptcy 
D)  the Canadian Consumer Handbook 
E)  the Sale of Goods Act

Question 19

Which of the following is a statement of facts to which the Sale of Goods Act would apply?

Accepted Answer

A)  "We hired you as a bartender, not to join the guests and teach them Texas line dancing!" 
B)  "I paid you to tune the car, but it obviously wasn't done!" 
C)  "Pursuant to the contract, the buyer of the house tendered $50,000 on the closing date, but the seller had changed his mind." 
D)  "There's a small dead insect in my soup!" 
E)  "The deal was this: Fred was to assign to Paul Fred's accounts receivable, and Paul would pay him $5000 cash, but Fred did not honour his promise." 
A)  "We hired you as a bartender, not to join the guests and teach them Texas line dancing!" 
B)  "I paid you to tune the car, but it obviously wasn't done!" 
C)  "Pursuant to the contract, the buyer of the house tendered $50,000 on the closing date, but the seller had changed his mind." 
D)  "There's a small dead insect in my soup!" 
E)  "The deal was this: Fred was to assign to Paul Fred's accounts receivable, and Paul would pay him $5000 cash, but Fred did not honour his promise."

Question 20

What is a bill of lading? Explain how it can affect the risk in a sale of goods transaction.

Accepted Answer

A bill of lading is a document given by

Explain how the Bankruptcy and Insolvency Act protects the position of an unpaid seller.

The Bankruptcy and Insolvency Act allows a supplier of goods to recover those goods even after they are delivered to the purchaser if

When goods are sold, who normally bears the risk?

Explain the liability of the parties on an "accepted" bill of exchange.

To which of the following transactions would the Sale of Goods Act apply?

Sales made to consumers at their dwellings or places of business are known as ________.

Explain the rights conveyed in an "unpaid seller's lien."

Which of the following is false with respect to the law of negotiable instruments?

What are the rights of the purchasers when the goods do not match the description?

Which of the following statements is correct with respect to a contract for the purchase of goods?

Explain what kind of protection is provided by the Trade Practices Act (Unfair Practices Act, Business Practices Act, Fair Trading Act, etc. depending on the jurisdiction).

What steps have been taken provincially to protect a purchaser with respect to the quality of the goods that are purchased?

When the holder of a negotiable instrument signs his name in the form of an endorsement before passing it on to a subsequent holder, what risk does he take?

Under the Consumer Packaging and Labelling Act, certain dangerous drugs that are useful are allowed to be sold under controlled conditions.

To which one of the following contracts would the Sale of Goods Act apply?

The mission of ________ is to foster a growing, competitive, knowledge-based Canadian economy.

Which of the following is a statement of facts to which the Sale of Goods Act would apply?

What is a bill of lading? Explain how it can affect the risk in a sale of goods transaction.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Filters

Exam 16: Sales and Consumer Protection

Explain how the Bankruptcy and Insolvency Act protects the position of an unpaid seller.

The Bankruptcy and Insolvency Act allows a supplier of goods to recover those goods even after they are delivered to the purchaser if

When goods are sold, who normally bears the risk?

Explain the liability of the parties on an "accepted" bill of exchange.

To which of the following transactions would the Sale of Goods Act apply?

Sales made to consumers at their dwellings or places of business are known as ________.

Explain the rights conveyed in an "unpaid seller's lien."

Which of the following is false with respect to the law of negotiable instruments?

What are the rights of the purchasers when the goods do not match the description?

Which of the following statements is correct with respect to a contract for the purchase of goods?

Explain what kind of protection is provided by the Trade Practices Act (Unfair Practices Act, Business Practices Act, Fair Trading Act, etc. depending on the jurisdiction).

What steps have been taken provincially to protect a purchaser with respect to the quality of the goods that are purchased?

When the holder of a negotiable instrument signs his name in the form of an endorsement before passing it on to a subsequent holder, what risk does he take?

Under the Consumer Packaging and Labelling Act, certain dangerous drugs that are useful are allowed to be sold under controlled conditions.

To which one of the following contracts would the Sale of Goods Act apply?

The mission of ________ is to foster a growing, competitive, knowledge-based Canadian economy.

Which of the following is a statement of facts to which the Sale of Goods Act would apply?

What is a bill of lading? Explain how it can affect the risk in a sale of goods transaction.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Filters