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COMM 304 - Midterm 1
| Question | Answer |
|---|---|
| A decision of the SK Court of King’s Bench is binding upon the Manitoba Provincial Court. (T/F) | False |
| Who has the burden of proof in criminal proceedings? | The Crown |
| What is the difference between public and private law? | Private law regulates the relationship between businesses/individuals, while public law regulates the relationship between individuals/businesses and the state/government |
| When can a contractual offer be revoked? | Before the offer is accepted |
| Contract law requires parties to negotiate contracts in good faith. (T/F) | False |
| The Sale of Goods Act in SK does not apply to which type of transactions? | The transfer or intellectual property rights and the sale of land |
| What is an example of a trademark? | The logo of BMW |
| What are the legal consequences if a contract is said to be frustrated? | The contract terminates |
| The tort of defamation can be committed against a corporation. | True |
| What is the legal consequence if one party intentionally breaches a condition in a contract for the sale of goods? | The innocent party is no longer obliged to perform its obligations under the contract |
| What does the concept of privity of contract mean? | Only parties to a contract are bound by it and can sue under it |
| How would you describe specific performance (SP)? | SP means the party in breach of a contract is ordered by a court to perform the contract |
| What does the tort of “slander of goods” mean? | An untrue statement is made about the quality of the goods |
| To whom is a contingency fee paid in a civil proceeding? | To a lawyer |
| How does mediation differ from arbitration? | A mediator cannot issue a binding award on the dispute, while an arbitrator does issue a binding award |
| Why is it recommended to resolve commercial disputes through arbitration rather than through the court system? | Arbitration is typically faster than litigation, and it allows the dispute to remain confidential, while many court judgements are public |
| Which of the following types of intellectual property need to be registered to be protected? | Industrial Designs and Patents |
| If a contract is void because of illegality, this gives the innocent party, i.e. the one who is not responsible for the illegality, a right to claim damages for breach of contract from the guilty party. (T/F) | False |
| Which legal capacity do trade unions have? | The one conferred upon them under applicable provincial legislation |
| Which of the following statements correctly describes misrepresentation (MR)? | MR can be negligent, fraudulent or innocent. It renders a contract voidable |
| Your laptop is what type of property? | Tangible Property, Chattel |
| A tort can only be committed if the wrongdoer actually intends to commit the tort. (T/F) | False |
| Which of the following examples would typically frustrate a contract for the sale of specific, non-perishable goods? | - War breaks out and makes the delivery of the goods impossible for the seller - The goods are destroyed in a storage area before being shipped to the buyer due to flooding |
Created by:
hf.dags
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