Exam 15: Sales and Consumer Protection

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Which of the following statements is correct with respect to the Sale of Goods Act?

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Distinguish between a promissory note and a bill of exchange.

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In which of the following would the title pass to the buyer only when the goods were "unconditionally appropriated" with assent?

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Jones walked into Sam's TV shop and said, pointing to a particular television, "I'll take that one." They wrote up the deal, and Jones was to return the next day to pay for it and pick it up. Explain who bears the risk in the meantime.

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A certified cheque insures that the instrument will be honoured by the bank.

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Explain the significance of a "manufacturer's warranty" on products such as a camera and a radio, and discuss why it's necessary with respect to the Sale of Goods Act.

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If Jones receives a promissory note from Smith, who passes it on to Green, who qualifies as a holder in due course, Green is the receiver of assigned contractual rights and is in the same position as Jones.

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

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Discuss the function of the federal Competition Act and the role it plays in consumer protection.

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Colson went to Logon Drugs and bought some light bulbs for the hallways of his new apartment building. A tenant asked for one and Colson gave him one but told him he was responsible for getting his own from now on. The bulb, manufactured by Burnaby Brite, Ltd. and sold to Logon Drugs by Dandy Distributors Ltd., was defective, improperly made. It exploded and set some curtains on fire. The tenant's apartment suffered $6,000 damage; he had to move out. He couldn't live there while repairs were being undertaken and had no choice but to find another place, as it would take three weeks to get the apartment liveable again. On these facts, which of the following is false?

(Multiple Choice)
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Jones walked into a new car lot, pointed to a specific car, and said, "I'll take that one." Sam, the operator of the car lot, explained that there was a certain amount of pre-delivery preparation that had to take place before the car could be delivered, and that it would be ready for the purchaser two days later. It was agreed that the purchase price would be paid at that time. Explain who bears the risk in the meantime.

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