Final Law 12 Review Questions # 1

1. Final Law 12 Review Questions # 1

3. Which one of the following is not a permissible grounds for a land lord to terminate a tenancy. a. Ann must rehearse clog dancing at night. b. Willi complains frequently to tribunal. c. Banwell is always weeks late with rent. d. Sarah adopts three pit bulls. A:b

4. Joe rented a three-bedroom apartment and sublet two of the bedrooms to Dom and Sawyer. He did not renew the lease, and moved out. Do Dom and Sawyer have a legal right to stay? A: Yes, if they sign new lease with landlord.

5. Maris had signed a lease for two years, wanted to move after a year. She persuaded coworker Jess to rent her apartment for the remaining year and the landlord agreed. This arrangement is called A: assignment

6. Krissy, a tenant of Dom Inc., was concerned about the building’s lawn and, on her own initiative, hired a landscape firm to re-sod it. Who is responsible for this expense? A: Krissy hired the firm so she pays.

7. Which of the following is not a reason the landlord may enter the tenant’s rented premises? duty to report suspected drug use tenant agrees to admit landlord Emergency proper notice has been given A

8. Can tenants make repairs that the landlord does not get around to and deduct the cost from their rent? A: They have the right but might be liable

9. In a residential tenancy, whose responsibility is it to first identify the need for minor repairs? A: tenant

10. Damage deposits paid by the tenant may be used for, give 2 unpaid rent damage to the apartment

11. Rent is considered to be overdue A: the day after it should have been paid

12. When two or more parties enter into an agreement to charge the same for products so that consumers do not benefit from true competition, the practice is called A: Price fixing

13. Clauses that remove protections from the buyer are not binding unless A: seller draws buyer's attention to them

14. What do sellers add to contracts to reduce the risk of being sued for breach of implied warranty? A: disclaimer clauses

15. Kate agrees to sell you an rare painting but then decides to keep it for a better offer. Which of the following will you ask the court to order Kate to do? A: specific performance

16. In contract law, mitigation of loss means A: reduce losses to extent possible

17. The purpose of damages as a remedy for breach of contract is to A: compensate the injured party

18. If a party fulfills most but not all of the obligations under a contract, the party is protected by the rule of A: substantial performance

19. How do most contracts come to an end? A: performance

20. Innocent misrepresentation means which of the following in contract law? A: seller believes statement is true

21. If an employer sets a requirement that excludes some applicants, what must the requirement legally be? A: bona fide occupational requirement

22. The Charter of Rights and Freedoms makes a special exception to permit programs to help minorities that would otherwise be prohibited as discriminatory. These programs are A: "affirmative action"

23. Generally speaking, harassment in the workplace means that a person in a position of power forces an employee to do things A: that are inappropriate, to keep the job

24. When can an employer not usually hire youths under 16 to work? A: school hours & late at night during the week

25. Why is Canada Customs and Revenue Agency concerned with whether a worker is really self-employed or an employee? A: contractor eligible to deduct tax expenses

26. If an employee breaches a fundamental part of the employment contract, the employer may dismiss the employee for A: just cause

27. Under common law, what three things must an employee do: Be punctual and take only permitted leaves of absence Obey legal and reasonable orders Be loyal, honest and competent

28. Under common law give 3 of the things an employer must do. Pay agreed wage Pay agreed expenses Provide safe work place Provide work that employee was hired to do Assign legal work Allow employee to have noncompetitive second job Give reasonable notice of termination.

29. Employers can dismiss the employee immediately as long as they give adequate termination pay. Why do many employers opt for this method of dismissal? Many employers want to avoid situations where disgruntled employees use their period of notice to act against the employer. Such employees may undermine worker morale by criticizing the employer to coworkers or customers. They could also get revenge by stealing or corrupting data or otherwise causing harm. Discharged management employees may take the opportunity to steal the client information base to market elsewhere, in return for employment.

30. Family mediators deal with all but one issue. What one do they not deal with? A: who is to blame

31. An annulment states that a couple A: were never legally married

32. A separation occurs when a couple takes action to A: live separate and apart

33. Which level of government determines who has the capacity to marry? A: Federal

34. Regardless of federal minimums, most provinces have adopted their own rules for when people can marry without parents' consent. What is the permitted age range? A: 18-19

35. What is the minimum age that a male person can marry under common law, as adopted by the federal government? A: 14

36. Which of the following can result in a decision that a person did not have the capacity to legally marry? never loved spouse very drunk during ceremony too sick to understand b and c but not a All of the above A: D

37. Which level of government has the power of making marriage laws? A: Federal & Provincial

38. A divorce becomes final after what period of time after the judgement is pronounced? A: 31 Days

39. In cases involving custody and access, which of the following is the only test that the courts are expected to apply? A: the best interests of the child

40. Which of the following lifestyle choices on the part of a parent would most concern a court when trying to decide which parent should get custody? a. violent rages b. body piercings, tattoos, strange attire c. rides with motorcycle club d. world-will-end-soon beliefs A: a

41. What do Canadian courts encourage divorcing parents to do, regarding custody? A: work out acceptable terms themselves

42. the following has become an issue before the courts specifically because of the custodial parent's need to respond to job opportunities? A: mobility rights

43. If a non-custodial parent has abducted a child, the process of returning the parent and child to Canada is called A: extradition

44. Child support for an adult child may be granted until A: an undergraduate degree, diploma is earned or reaches 23yrs if in school

45. Child abuse is defined as a. emotional attacks d. sexual activity b. neglect e. all of the above c. physical abuse A: e

46. Authorities concerned about abuse can obtain a search warrant to enter a home and remove children based on which level of evidence? A: reasonable belief

47. Which custody rule best reflects Canadian law? A: parents have equal right to custody

48. Following divorce, legally married spouses are entitled to share in A: everything acquired during the marriage

49. Which of the following must be divided equally in the event of marriage breakdown? a. matrimonial home d. a and b but not c b. family car e. all of the above c. family cottage A: e

50. Which of the following is not a purpose of spousal support after marriage breakdown? a. assist spouse towards self-sufficiency b. compensate spouse for abuse suffered c. compensate spouse for financial loss d. give spouse time to enter work force A: b