Question 1

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

Accepted Answer

This is a breach of condition,

Question 2

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 3

The principles of freedom of contract and caveat emptor have been completely done away with by the Sale of Goods Act.

Accepted Answer

A) True 
 B)False

Question 4

Alf bought a car from Mr. Wojchu for $10,000. Shortly afterwards, a bailiff, acting for an unpaid conditional seller, seized the car. The conditional seller had properly registered his claim in time. Alf wants to sue Mr. Wojchu. Which of the following correctly sets out his legal position?

Accepted Answer

A)  Alf loses. It was his obligation to search the title and he failed to. 
B)  Wojchu loses. Risk follows title. 
C)  Alf loses. Caveat emptor applies. 
D)  Alf wins. Goods are not of merchantable quality. 
E)  Alf wins. Mr. Wojchu has failed to deliver good title. 
A)  Alf loses. It was his obligation to search the title and he failed to. 
B)  Wojchu loses. Risk follows title. 
C)  Alf loses. Caveat emptor applies. 
D)  Alf wins. Goods are not of merchantable quality. 
E)  Alf wins. Mr. Wojchu has failed to deliver good title.

Question 5

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

Accepted Answer

A)  "I agreed to give you a dozen old campaign buttons for that original signature of the Prime Minister, but received the signature of the Governor General." 
B)  "I brought in five shirts to be laundered and you are returning only four to me!" 
C)  "Waiter, there is a dead fly in my spaghetti." 
D)  "I ask for a trim! You've cut off 5 inches!!!" 
E)  "Today is the closing date and I am willing to tender the full price in cash, namely $70,000, for the farm, and you are now telling me that you have no intention of closing." 
A)  "I agreed to give you a dozen old campaign buttons for that original signature of the Prime Minister, but received the signature of the Governor General." 
B)  "I brought in five shirts to be laundered and you are returning only four to me!" 
C)  "Waiter, there is a dead fly in my spaghetti." 
D)  "I ask for a trim! You've cut off 5 inches!!!" 
E)  "Today is the closing date and I am willing to tender the full price in cash, namely $70,000, for the farm, and you are now telling me that you have no intention of closing."

Question 6

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

Question 7

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

Accepted Answer

This legislation prohibits and provides

Question 8

Discuss the consumer protection legislation in place in your province in terms of its effectiveness and purpose.

Accepted Answer

This question must be answered in terms

Question 9

Tahmineh was very upset to find herself short of cash, after her roommate had moved out without paying her share of the month's expenses. Tahmineh had no choice but to borrow money from QuickMoney Loans. Without getting legal advice, she signed a contract in which she agreed to pay back the money along with interest. The interest clause provided that interest was to be calculated at the rate of 2 percent per month. Tahmineh failed to pay back all of the funds and QuickMoney Loans sued her. What argument might she successfully raise to limit the amount of her obligation?

Accepted Answer

A)  Because the actual interest rate was over 1 percent per month, the interest provision was contrary to the Criminal Code. 
B)  Because Tahmineh did not receive independent legal advice, the loan agreement is void. 
C)  Because Tahmineh was upset over her roommate moving out, she lacked capacity to agree to the terms of the contract. 
D)  It is unlawful to charge interest to a person in a vulnerable state. 
E)  The Interest Act provides that in any contract where interest is payable, interest must be stated as an annual rate. 
A)  Because the actual interest rate was over 1 percent per month, the interest provision was contrary to the Criminal Code. 
B)  Because Tahmineh did not receive independent legal advice, the loan agreement is void. 
C)  Because Tahmineh was upset over her roommate moving out, she lacked capacity to agree to the terms of the contract. 
D)  It is unlawful to charge interest to a person in a vulnerable state. 
E)  The Interest Act provides that in any contract where interest is payable, interest must be stated as an annual rate.

Question 10

If you buy a toaster from a second-hand dealer of small appliances, which of the following is true?

Accepted Answer

A)  The risk of loss depends on who has possession of the toaster. 
B)  Title to the toaster would pass at the time the buyer would pick it up the next day. 
C)  The Sale of Goods Act does not apply. 
D)  The Sale of Goods Act prohibits the seller from exempting himself from liability in the event that the toaster is not fit for purpose. 
E)  There is an implied term of the contract that the seller has good title, i.e., the right to sell it. 
A)  The risk of loss depends on who has possession of the toaster. 
B)  Title to the toaster would pass at the time the buyer would pick it up the next day. 
C)  The Sale of Goods Act does not apply. 
D)  The Sale of Goods Act prohibits the seller from exempting himself from liability in the event that the toaster is not fit for purpose. 
E)  There is an implied term of the contract that the seller has good title, i.e., the right to sell it.

Question 11

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

Accepted Answer

Under recent modifications to the Bankru

Question 12

Jones bought a car from Smith, giving Smith a certified cheque drawn on the Bank of Commerce in payment. Smith got the car home and discovered that, instead of a new engine, as had been represented to him, a used engine had been installed. He immediately went to the bank to stop payment on the cheque. Explain his legal position.

Accepted Answer

Even though a fraud has been c

Question 13

Distinguish between a sale and an agreement to sell.

Accepted Answer

A sale deals with the present transfer o

Question 14

Distinguish between a cheque and a bill of exchange.

Accepted Answer

Both of these instruments involve three

Question 15

In the context of sale of goods, products sold on the Internet, by catalogue, by mail order, or other forms of distance shopping, are being sold in what way?
ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Accepted Answer

The answer of In the context of sale of goods,...

Question 16

When goods are traded for other goods, the Sale of Goods Act does not apply.

Accepted Answer

A) True 
 B)False

Question 17

There is a cooling off period in all consumer sales transactions where the purchaser of goods has a period of time in which to change his mind.

Accepted Answer

A) True 
 B)False

Question 18

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

Accepted Answer

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

Question 19

Read the following statements with regard to the parties involved with negotiable instruments and indicate which is false.

Accepted Answer

A)  The person who signs and issues the cheque is the drawer. The person who is owed the money and receives the cheque is the drawee. 
B)  A person who signs a draft is a drawer; the party commanded to pay is the drawee. 
C)  The payee of a negotiable instrument can negotiate the instrument to a holder who will be remote in relation to the drawer. 
D)  The person who signs a promissory note is the maker of the note, and unlike a cheque, the note will not include a drawee. 
E)  An acceptor of a draft will become liable to the payee for the amount of the draft. 
A)  The person who signs and issues the cheque is the drawer. The person who is owed the money and receives the cheque is the drawee. 
B)  A person who signs a draft is a drawer; the party commanded to pay is the drawee. 
C)  The payee of a negotiable instrument can negotiate the instrument to a holder who will be remote in relation to the drawer. 
D)  The person who signs a promissory note is the maker of the note, and unlike a cheque, the note will not include a drawee. 
E)  An acceptor of a draft will become liable to the payee for the amount of the draft.

Question 20

Which of the following contracts would be covered by the Sale of Goods Act?

Accepted Answer

A)  A contract for the sale of a famous painting 
B)  The trade of a car for a boat involving no money 
C)  The sale of corporate shares 
D)  A contract for medical services with a doctor 
E)  The purchase of a house 
A)  A contract for the sale of a famous painting 
B)  The trade of a car for a boat involving no money 
C)  The sale of corporate shares 
D)  A contract for medical services with a doctor 
E)  The purchase of a house

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

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?

The principles of freedom of contract and caveat emptor have been completely done away with by the Sale of Goods Act.

Alf bought a car from Mr. Wojchu for $10,000. Shortly afterwards, a bailiff, acting for an unpaid conditional seller, seized the car. The conditional seller had properly registered his claim in time. Alf wants to sue Mr. Wojchu. Which of the following correctly sets out his legal position?

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.

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

Discuss the consumer protection legislation in place in your province in terms of its effectiveness and purpose.

If you buy a toaster from a second-hand dealer of small appliances, which of the following is true?

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

Distinguish between a sale and an agreement to sell.

Distinguish between a cheque and a bill of exchange.

In the context of sale of goods, products sold on the Internet, by catalogue, by mail order, or other forms of distance shopping, are being sold in what way? ESSAY. Write your answer in the space provided or on a separate sheet of paper.

When goods are traded for other goods, the Sale of Goods Act does not apply.

There is a cooling off period in all consumer sales transactions where the purchaser of goods has a period of time in which to change his mind.

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

Read the following statements with regard to the parties involved with negotiable instruments and indicate which is false.

Which of the following contracts would be covered by the Sale of Goods Act?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Priority of Creditors

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Exam 15: Sales and Consumer Protection

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

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?

The principles of freedom of contract and caveat emptor have been completely done away with by the Sale of Goods Act.

Alf bought a car from Mr. Wojchu for $10,000. Shortly afterwards, a bailiff, acting for an unpaid conditional seller, seized the car. The conditional seller had properly registered his claim in time. Alf wants to sue Mr. Wojchu. Which of the following correctly sets out his legal position?

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.

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

Discuss the consumer protection legislation in place in your province in terms of its effectiveness and purpose.

If you buy a toaster from a second-hand dealer of small appliances, which of the following is true?

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

Distinguish between a sale and an agreement to sell.

Distinguish between a cheque and a bill of exchange.

In the context of sale of goods, products sold on the Internet, by catalogue, by mail order, or other forms of distance shopping, are being sold in what way? ESSAY. Write your answer in the space provided or on a separate sheet of paper.

When goods are traded for other goods, the Sale of Goods Act does not apply.

There is a cooling off period in all consumer sales transactions where the purchaser of goods has a period of time in which to change his mind.

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

Read the following statements with regard to the parties involved with negotiable instruments and indicate which is false.

Which of the following contracts would be covered by the Sale of Goods Act?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Priority of Creditors

Filters