Question 1

Which of the following is false regarding the issue of time under a contract?

Accepted Answer

A)  typically, time is of the essence for both parties 
B)  since the contractor will be liable for late completion, only he need be concerned with the feasibility of the construction schedule 
C)  when scheduling, minor tasks should be given as much consideration as major tasks 
D)  all of the above 
A)  typically, time is of the essence for both parties 
B)  since the contractor will be liable for late completion, only he need be concerned with the feasibility of the construction schedule 
C)  when scheduling, minor tasks should be given as much consideration as major tasks 
D)  all of the above B

Question 2

To establish causation, the plaintiff must show that:

Accepted Answer

A)  the defendant owed a duty to the plaintiff and breached that duty 
B)  but for the breach of duty by the defendant, the loss would not have occurred, and that the defendant's breach was the proximate cause of the loss 
C)  the plaintiff took all reasonable steps to prevent the loss after the defendant breached his duty to the plaintiff, and that the defendant's breach was the proximate cause of the loss 
D)  none of the above 
A)  the defendant owed a duty to the plaintiff and breached that duty 
B)  but for the breach of duty by the defendant, the loss would not have occurred, and that the defendant's breach was the proximate cause of the loss 
C)  the plaintiff took all reasonable steps to prevent the loss after the defendant breached his duty to the plaintiff, and that the defendant's breach was the proximate cause of the loss 
D)  none of the above B

Question 3

"A" mistakenly builds his farm boundary fence 5 cm beyond his property boundary such that it is on his neighbour's property. His neighbour, "B", sues for trespass. Will B's claim succeed? What remedy will the court likely grant to B? (Hint: consider public policy)

Accepted Answer

Because A built the fence over the property boundary, his fence trespasses on B's property. Trespass occurs whenever a person places their personal property on the land of another person. The traditional remedy for trespass is a court order stating that the party committing the trespass (A) must cease doing so by a stated time. However, public policy requires that courts should not make orders that will be expensive to implement, but which result in little benefit. In this case, B owns a farm which is likely large in size. Ordering A to move his fence 5 cm will be of little benefit to B. Although mistake is not a defence to trespass, the court will consider it when deciding on what remedy to order. In this case, the court would likely order A to pay B some nominal amount for the encroachment on B's land.

Question 4

A contractor who builds a house and then sells it to the first owner will generally not be contractually liable to the second owner of the property for defective construction.

Accepted Answer

A) True 
 B)False

Question 5

Why is the name of fixed-price contracts somewhat misleading?

Accepted Answer

Under a fixed-price contract,

Question 6

Owners can increase price certainty in fixed-cost contracts by requiring the contractor to bear more risk.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is a strict liability tort?

Accepted Answer

A)  breach of confidence 
B)  nuisance 
C)  negligence 
D)  negligent misrepresentation 
A)  breach of confidence 
B)  nuisance 
C)  negligence 
D)  negligent misrepresentation

Question 8

Between which of the following parties is there clearly a duty of care for negligence?

Accepted Answer

A)  an architect and a contractor 
B)  a geoscientist and an investor who inadvertently obtains a copy of the geoscientist's report 
C)  a car manufacturer and the owner of the car 
D)  none of the above 
A)  an architect and a contractor 
B)  a geoscientist and an investor who inadvertently obtains a copy of the geoscientist's report 
C)  a car manufacturer and the owner of the car 
D)  none of the above

Question 9

Which is the typical sequence in which dispute resolution options are tried?

Accepted Answer

A)  negotiation, mediation, arbitration 
B)  mediation, negotiation, arbitration 
C)  negotiation, arbitration, mediation 
D)  arbitration, negotiation, mediation 
A)  negotiation, mediation, arbitration 
B)  mediation, negotiation, arbitration 
C)  negotiation, arbitration, mediation 
D)  arbitration, negotiation, mediation

Question 10

What is the key difference between obligations imposed under tort law compared to those imposed under contract law?

Accepted Answer

One cannot escape tort obligat

Question 11

The public-private partnership model is most similar to which other model?

Accepted Answer

A)  cost-plus 
B)  alliance 
C)  design-bid-build 
D)  construction management 
A)  cost-plus 
B)  alliance 
C)  design-bid-build 
D)  construction management

Which of the following is false regarding the issue of time under a contract?

To establish causation, the plaintiff must show that:

"A" mistakenly builds his farm boundary fence 5 cm beyond his property boundary such that it is on his neighbour's property. His neighbour, "B", sues for trespass. Will B's claim succeed? What remedy will the court likely grant to B? (Hint: consider public policy)

A contractor who builds a house and then sells it to the first owner will generally not be contractually liable to the second owner of the property for defective construction.

Why is the name of fixed-price contracts somewhat misleading?

Owners can increase price certainty in fixed-cost contracts by requiring the contractor to bear more risk.

Which of the following is a strict liability tort?

Between which of the following parties is there clearly a duty of care for negligence?

Which is the typical sequence in which dispute resolution options are tried?

What is the key difference between obligations imposed under tort law compared to those imposed under contract law?

The public-private partnership model is most similar to which other model?

The Canadian Legal System, Regulation of the Professions and Ethical Considerations

Property Law

Business Organizations and Contracts

Breach of Contract, Interpreting and Drafting Contracts

Selected Contract Issues

Getting to a Contract

Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence

Risk, Responsibility, Dispute Avoidance, Insurance, and Bonds

Construction Liens, Delay and Impact Claims

Labour Law and Employment Law

Environmental Law, Health and Safety Law

Aboriginal Law, Securities Law, Internet Law and Privacy Law

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Exam 7: Torts, Specific Contracts and Clauses

Which of the following is false regarding the issue of time under a contract?

To establish causation, the plaintiff must show that:

"A" mistakenly builds his farm boundary fence 5 cm beyond his property boundary such that it is on his neighbour's property. His neighbour, "B", sues for trespass. Will B's claim succeed? What remedy will the court likely grant to B? (Hint: consider public policy)

A contractor who builds a house and then sells it to the first owner will generally not be contractually liable to the second owner of the property for defective construction.

Why is the name of fixed-price contracts somewhat misleading?

Owners can increase price certainty in fixed-cost contracts by requiring the contractor to bear more risk.

Which of the following is a strict liability tort?

Between which of the following parties is there clearly a duty of care for negligence?

Which is the typical sequence in which dispute resolution options are tried?

What is the key difference between obligations imposed under tort law compared to those imposed under contract law?

The public-private partnership model is most similar to which other model?

The Canadian Legal System, Regulation of the Professions and Ethical Considerations

Property Law

Business Organizations and Contracts

Breach of Contract, Interpreting and Drafting Contracts

Selected Contract Issues

Getting to a Contract

Common Issues in Contract, Tort, Dispute Resolution and Expert Evidence

Risk, Responsibility, Dispute Avoidance, Insurance, and Bonds

Construction Liens, Delay and Impact Claims

Labour Law and Employment Law

Environmental Law, Health and Safety Law

Aboriginal Law, Securities Law, Internet Law and Privacy Law

Filters