40)     Arnie Stoltz, a 16-year-old living in British...

40)     Arnie Stoltz, a 16-year-old living in British Columbia, had had enough of high school. He approached Suzanne Vegan, a 55 year old master glass blower, to teach him the art of glass blowing. Suzanne charges $5,000 a year for the two year training program and agreed to allow Arnie to pay her the full amount one year after he completed the program. When Suzanne called on Arnie at his studio to collect the money according to the contract, Arnie said he wouldn't pay a cent because her contract had been with a minor. Which of the following statements best and most completely describes Suzanne's legal position in this matter?

 

A)       Arnie must pay because a minor must carry out his/ her obligations under a contract for necessities.

B)       Suzanne must only prove that the apprenticeship contract was to Arnie's benefit.

C)       Arnie does not have to pay unless the agreement was in writing

D)       If Suzanne proves the apprenticeship contract was beneficial to Arnie he will have to pay a reasonable price for it.

 E)      An apprenticeship contract is considered a necessity and can be enforced against Arnie.

 

41.     The Ontario Legislature has recently passed a new sexual offences law. Which of the

following statements best describes the legal position?

 

A)       The law was validly passed pursuant to section 91 of the Constitution Act 1982

B)       The law is unconstitutional as it is not within the Provinces constitutional rights 

C)       The law was validly passed pursuant to section 92 of the Constitution Act 1982

D)       The law was validly passed pursuant to section 91 of the Constitution Act 1867.

E)       The law was validly passed pursuant to section 92 of the Constitution Act 1867 

 

42.     Bobo Bates, aged 16, looks 19. She is also mentally incompetent, but it is not obvious that she is. Bobo buys a top of the line computer from a salesperson, who has no idea that she is under age and incompetent. On what grounds can Bobo cancel the contract?

 

A)       mental incompetency alone

B)       because she is a minor

C)       because the contract is in restraint of trade

D)       A, B and C  

E)       both A and B

 

43) Peter has filed a claim against Joan in the Small Claims Court in order to recover money that she owes to him. In which of the following circumstances would Joan be advised to a file a defense to the claim:

 

A) Joan requires time to pay the debt

B) Joan wishes to have a structured settlement arrangement with Peter 

C) Peter is claiming interest

D) Joan denies owing the debt or denies owing the entire sum claimed

E) Joan admits to owing the debt

 

44) Which of the following torts if any, would be committed by a company that manufactures and sells counterfeit Rolex watches?

 

A) Injurious falsehood

B) Defamation

C) Passing off

D) Intentional interference

E) Nuisance

 

45) Which of the following statements best describes the conduct of the owner of a large department store who fires an employee who refuses to work on a Sunday for religious reasons?

 

A) Discrimination under the common law

B) Discrimination under the Charter of Rights and Freedoms

C) Discrimination under the Constitution Act 1867  

D) Discrimination under Human Rights Law

E) Discrimination under civil law  

 

46).    A person could be liable for the tort of trespass:

 

A) For leaving the wrong packages in the right person's garage.

B) For sleeping in the garage with the owner's permission.

C) For accidentally knocking down the garage in a car out of control.

D) For leaving packages in the wrong person's garage.

E) For attending a garage sale at the designated time.

 

47)     Which of the following statements is true?

 

A) The public is entitled to know the result of cases that are going through mediation.

B) The principle of binding precedent applies to arbitration hearings.

C) Mediation gives the parties more control than arbitration 

D) Mediators have the power to enforce decisions.

E) Mediation and negotiation are recommended when the parties are determined to stick to their positions.

 

48) Rory offers to sell Poonam a bicycle for $50. Poonam asks for time to think about it for three days. Rory agrees to this but the next day he called Poonam to tell him that he was

Increasing the price to $100. From a contract law perspective, Rory has 

 

A) rejected the offer 

B) allowed the offer to lapse

C) made a counter offer

D) revoked his original offer

E) lost his capacity to enter into a contract