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Canadian Business English Canadian 7Th Edition Guffey Test Bank Full Chapter PDF
Canadian Business English Canadian 7Th Edition Guffey Test Bank Full Chapter PDF
MULTICHOICE
1. Which of the following are competing goals that contract law attempts to balance when
enforcing contracts?
(A) the goal of providing remedies, and the goal that contractual terms are reasonable
(B) the goal of preventing people from avoiding contractual obligations, and the goal of
ensuring the contract reflects the real agreement between the parties
(C) the endeavour to preserve the real agreement reached by the parties, and the goal of
preventing mistakes
(D) the goal of ensuring equal power between the parties, and the goal of ensuring contract
negotiations are successful
Answer : (B)
2. Which of the following are achieved through the law's enforcement of contracts?
Answer : (D)
(A) The other party must seek a mediated remedy for the problem.
(B) The other party may opt to enforce the contract or have it set aside.
(C) The other party must seek legal advice to remedy the misrepresentation.
(D) The other party may opt to reproach the contract and set it aside.
Answer : (B)
Answer : (A)
(B) A void contract cannot be enforced because it is contrary to legislation or public policy.
(C) A voidable contract fails to meet the requirements imposed by the Statute of Frauds.
(D) A voidable contract fails to meet the requirements imposed by the Sale of Goods Act.
Answer : (A)
6. How does Canadian contract law protect minors and mentally incapacitated individuals?
(A) by ensuring that they cannot enter into legally binding contracts
(C) by providing that only certain types of contracts are enforceable against minors and
those who lack mental capacity
(D) both ensuring both groups are represented by guardians when entering into contracts
Answer : (C)
7. What are the elements of importance emphasized by contract law as it pertains to the
legal capacity to form contracts?
Answer : (D)
8. Which of the following would be enforceable against a minor?
(C) a contract where the minor received legal advice prior to entering into the contract
Answer : (A)
9. Cory, aged 17, plays hockey under contract with the Northern Manitoba Huskies junior
hockey team. What is the legal term given to this particular type of contractual
arrangement?
Answer : (C)
10. A sales representative knowingly entered into a contract for an alarm system during a
door-to-door sales campaign with an obviously mentally ill individual. Why could the
contract be immediately rendered voidable at that individual customer's request?
(A) The contract is contrary to the culpable silence provisions contained in the Vulnerable
Persons Act.
(C) Establishing true consent is not possible due to the individual's incapacity to grasp the
essence and effect of the contract.
(D) The individual is lacking legal capacity and is unable to perform the contract in whole or
in part.
Answer : (C)
11. Even though Dalbert knew Rahim had consumed copious amounts of alcohol during the
afternoon, both signed a contract written on a napkin whereby Rahim agreed to buy
Dalbert's old car for top dollar. Upon regaining his legal capacity, if Rahim opts to repudiate
the contract on the basis of an improvident agreement, how must he proceed to void the
contract?
Answer : (D)
12. Which of the following might prove that a contract was freely entered into by the parties?
(C) evidence there has only been presumed pressure but not actual pressure
Answer : (B)
13. In the case of Bank of Montreal v. Duguid (2000), 47 O.R. (3d) 737 (C.A.), the court was
asked to consider whether a wife who had signed a guarantee on a loan for her husband's
business was entitled to be released from the guarantee on the basis of undue influence
exerted by her husband. Why did the majority of the court find that the guarantee was
enforceable against the wife?
(B) because the wife was a real estate agent and presumably knowledgeable enough to not
be unduly influenced by her husband to sign the guarantee
(D) because there was no evidence that the guarantee was unconscionable
Answer : (B)
14. In the case of Atlas Supply Co of Canada v. Yarmouth Equipment (1991), 103 NSR (2d) 1
(CA), the court considered whether a franchise agreement was unconscionable and
therefore unenforceable because financial projections given by the franchisor were overly
optimistic. Why did the court find that the contract was unconscionable?
(B) because the franchisee and franchisor were in a relationship of good faith
(C) because the franchisee acted promptly in seeking to avoid the contract
(D) because the franchisor gave misleading financial information and withheld contrary
information
Answer : (D)
Answer : (B)
16. Holding a gun to someone's head to induce them to enter a contract exemplifies which
of the following legally exceptional circumstances?
Answer : (B)
17. Luis believes his contract with ABC Homebuilder's Inc. is unconscionable. What must
Luis prove in order to win his case?
(C) Luis must prove the parties are in a relationship of utmost good faith.
Answer : (D)
Answer : (B)
19. The case of Atlas Supply Co. of Canada v. Yarmouth Equipment (1991), 103 N.S.R. (2d) 1
(N.S.C.A.) disallowed the reliance on the defendant's exclusion clauses to prevent evidence
of the plaintiff's reliance on misleading information provided by the defendant. The
dissenting appellant court judge cautioned against setting aside business deals such as this
one. What was the dissenting appellant court judge advocating by taking this position?
(A) that a small businessperson needs protection from unconscionable big businesses
(B) that the acceptance of bad faith misrepresentations is a legal commercial negotiating
practice
(D) that a small businessperson is disadvantaged when dealing with a multinational business
Answer : (B)
20. Which of the following statements accurately reflects one of the principles regarding the
doctrine of unconscionability?
(A) It is based on the assumption that the parties to a contract should have equal bargaining
power.
(B) Imbalance in bargaining power alone is insufficient on its own to upset a contract.
(C) The court will only intervene if there is evidence of mental incapacity of one of the
parties.
Answer : (B)
(D) Proof of misrepresentation alone is insufficient for the courts to rescind a contract.
Answer : (A)
22. How is a wilful omission with regard to relevant information during pre-contractual
negotiations regarded in law?
(B) as permissible because each party must look out for their own interests
(C) as an error made by one or both parties that seriously undermines a contract
Answer : (D)
23. Johan is negotiating the possible sale of one of his company's regional business
operations to Bill. In response to Bill's inquiry regarding the duration remaining on the
existing supply contracts, Johan provided the end dates of the contracts themselves. Johan
did not advise Bill that two of the customers were on the brink of insolvency. If Bill relies on
the information Johan provided, what recourse will contract law allow him?
(C) An aggrieved party can choose to enforce the deal or bring it to an end.
Answer : (D)
Answer : (B)
25. A seller unknowingly made a misrepresentation during negotiations to sell his car. Now
that the seller is aware of the misrepresentation and the prospective buyer is returning to
make an offer, what recourse is available to rectify the situation and accept the offer
without risking an ensuing lawsuit?
(A) The seller has no recourse; once information is offered, it must be completely accurate.
(B) The seller can remain silent to secure the best price and plead mistake as a defence.
(C) The seller should simply forego the deal with this buyer and look for a new buyer.
(D) The seller must attend to the prompt disclosure of the correct facts to the prospective
buyer.
Answer : (D)
Answer : (C)
27. What category of actionable misrepresentation restricts the innocent party to the
common law remedy of rescission of the contract?
Answer : (A)
(C) an error made by one or both parties that seriously undermines a contract
29. How does the common law classify a situation in which both parties to an agreement
have shared the same fundamental mistake in order to provide a remedy?
Answer : (C)
30. Which of the following forms the basis of a common argument for setting aside a
contract based on mistake that will rarely succeed in Canadian courts?
Answer : (C)
31. Which of the following is a distinguishing feature of all contracts that are void due to
illegality?
(B) They are contrary to statute law and/or violate public policy.
Answer : (B)
32. A judge has determined that offending portions of a contract can be severed and the
remaining portions saved. What type of common law contractual infraction is this judge
resolving?
Answer : (C)
33. Why are contracts that unduly interfere with the ability to earn a livelihood or reduce
competition generally unenforceable in common law?
(A) They contravene the rules of goodwill contained in the Competition Act.
(B) They cannot be enforced because they are contrary to statues and public policy.
(C) They contravene the rules of fairness contained in the Consumer Protection Act.
(D) They are contrary to the community's common sense and common conscience.
Answer : (D)
34. Which of the following elements would a court consider when determining the
enforceability of a non-competition clause on the grounds of reasonableness?
Answer : (B)
35. Why do the courts subject restrictive covenants in the employment context to greater
scrutiny than those arising in the sale of a business?
Answer : (B)
36. In a recent 2009 ruling, the Supreme Court of Canada found it necessary to direct that
judges in lower courts were prohibited from redrafting overly broad non-competition
clauses to make them legal and enforceable, stating that such clauses are simply and utterly
unenforceable. Why did the Supreme Court find it necessary to invoke this prohibition?
(B) because such clauses improperly bind employees unable to afford litigation costs
(C) because such clauses are difficult to prove when the meaning is in fact unclear
Answer : (B)
37. What was the intended purpose of the creation and enactment of the Statute of Frauds?
(B) to avoid the difficulty in proving the value of the goods or services exchanged
(C) to allow performance to take the place of a written duly executed agreement
(D) to impede perjury and fraud by documented evidence of specified types of contracts
Answer : (D)
(B) a pledge evidencing the capacity to enter into legally binding contracts
(C) a pledge to pay another's liability in the event of default of such duty
Answer : (C)
39. Under what circumstances might a court enforce a verbal contract for the sale of land?
(A) where the plaintiff comes to the court with "clean hands"
(B) where enforcement of the agreement will not interfere with the rights of third parties
(C) where the person attempting to enforce the agreement has performed acts that can be
explained by the existence of an agreement
(D) where it would be unfair to permit the defendant to avoid his or her contractual
obligations
Answer : (C)
40. Which of the following reflects the general view in Canada with respect to electronic
signatures?
(C) They are not acceptable in the absence of extrinsic evidence of an agreement.
(D) They are always accepted as conclusive evidence of the parties' intention.
Answer : (B)
41. Which of the following would be a valid provision under the various provincial acts
dealing with the sale of goods?
(A) Contracts above $20 to $25 must be made in writing in order to be enforceable.
(B) If partial payment or acceptance is made by the buyer, an oral contract is enforceable.
(C) Contracts above $15 to $20 must be made in writing in order to be enforceable.
(D) If creation of a record of an agreement is evident, the court must make a prudent ruling.
Answer : (B)
TRUEFALSE
42. A voidable contract is one that an aggrieved party can choose to keep in force or bring
to an end.
False
Answer : (A)
43. In order for a contract to satisfy the requirement of being written, all of the
requirements must be met in one document called "the contract."
False
Answer : (B)
44. A simple oversight or error by one negotiating party does not constitute a legal mistake
and provides no basis for voiding a contract.
False
Answer : (A)
45. Contracts between adults and minors are always unenforceable against the minor.
False
Answer : (B)
46. Minors have the option of fulfilling their contractual obligations and suing the other
party to enforce the contract.
False
Answer : (A)
47. The value in obtaining a certificate of independent legal advice is that it can help prove
a contract was freely entered into.
False
Answer : (A)
48. People seeking to avoid a contract owing to mental capacity, duress, undue influence, or
unconscionability must do so promptly.
False
Answer : (A)
49. If possible, the courts will redraft an offending provision in a contract to make it legal.
(A) True
(B) False
Answer : (B)
50. The only basis for a contract being held to be illegal is if it is prohibited by the Criminal
Code.
(A) True
(B) False
Answer : (B)
51. A contract will be set aside for mistake only if one party realized the other party was
mistaken at the time of entering the contract.
False
Answer : (B)
52. The remedy of rescission is only available in the case of fraudulent or negligent
misrepresentation.
False
Answer : (B)
53. In British Columbia, the interests of under-age-of-majority children are protected by the
Infants Act.
False
Answer : (A)
54. Some Canadian common law courts have ruled that, where proper circumstances allow,
a party's lack of a practical or realistic alternative can establish valid evidence of economic
duress.
False
Answer : (A)
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