Question 1

Explain how the remedy of an accounting works when there has been a violation of copyright.

Accepted Answer

The offender is required to re

Question 2

Distinguish between a leasehold estate and a freehold estate.

Accepted Answer

A leasehold estate involves a transfer o

Question 3

When Joan entered into a contract with Mr.Shultz to rent an apartment in a converted house,she noticed that the back stairs and hand railing looked as if they were in disrepair.On the day when she took possession,she found she couldn't use the back stairs because the last two steps were rotten and the handrail was not bolted down at one end.Which of the following is true?

Accepted Answer

A)  Unless the contract states that the landlord has an obligation to repair, the landlord has no obligation to repair. 
B)  Because Joan has taken possession, she would have the obligation to replace the steps and bolt down the handrailing. 
C)  The landlord has an obligation to provide premises in a good state of repair only if any defect was brought to his attention at the time of the contract. 
D)  The common law places no duty on the landlord to repair, and this has not been overridden by any statute. 
E)  The landlord has a statutory duty to provide premises in a state of repair that complies with safety standards irrespective of the state of the premises at the time of contract. 
A)  Unless the contract states that the landlord has an obligation to repair, the landlord has no obligation to repair. 
B)  Because Joan has taken possession, she would have the obligation to replace the steps and bolt down the handrailing. 
C)  The landlord has an obligation to provide premises in a good state of repair only if any defect was brought to his attention at the time of the contract. 
D)  The common law places no duty on the landlord to repair, and this has not been overridden by any statute. 
E)  The landlord has a statutory duty to provide premises in a state of repair that complies with safety standards irrespective of the state of the premises at the time of contract.

Question 4

Indicate three things that cannot be used as a trademark.

Accepted Answer

a sound or colour by itself; something o

Question 5

A person can only bring a passing-off action where there is no registered trademark involved.

Accepted Answer

A) True 
 B)False

Question 6

If a person habitually crosses property over a number of years with permission of the owner,he can,in some provinces,acquire a right to cross that property even though there has been no actual documented grant of such a right.Acquiring such a right is this manner is called

Accepted Answer

A)  adverse possession. 
B)  profit à prendre. 
C)  an easement by prescription. 
D)  a dominant tenement. 
E)  an estate in land. 
A)  adverse possession. 
B)  profit à prendre. 
C)  an easement by prescription. 
D)  a dominant tenement. 
E)  an estate in land.

Question 7

In Durham Condominium Corporation No.123 v.Amberwood Investments Limited,an agreement was registered that required a fee payment and provided that this obligation was to run with the land.The Court found that this was a positive obligation requiring Durham to make payments.Such an obligation

Accepted Answer

A)  would run with the land and would, therefore, bind a subsequent owner who purchased the land. 
B)  would not run with the land and would not bind a subsequent owner who purchased the land. 
C)  would not run with the land, but would still bind a subsequent owner who purchased the land. 
D)  would run with the land, but would not bind a subsequent owner who purchased the land. 
E)  is void as an illegal restraint on property and not in the interest of the public. 
A)  would run with the land and would, therefore, bind a subsequent owner who purchased the land. 
B)  would not run with the land and would not bind a subsequent owner who purchased the land. 
C)  would not run with the land, but would still bind a subsequent owner who purchased the land. 
D)  would run with the land, but would not bind a subsequent owner who purchased the land. 
E)  is void as an illegal restraint on property and not in the interest of the public.

Question 8

Explain what is held in a life estate.

Accepted Answer

The person who holds the life estate in

Question 9

Which of the following is false with regard to condominiums and cooperatives?

Accepted Answer

A)  The owner of a condominium has a fee simple interest in his unit within the condominium structure. 
B)  The owner of a condominium owns a share in the common areas. 
C)  The owner of a condominium can be forced to pay a fee levied by the condominium association governing the condominium. 
D)  The owner of a condominium can mortgage his interest. 
E)  An owner of a cooperative, like the owner of a condominium, has a real property interest in the suite. 
A)  The owner of a condominium has a fee simple interest in his unit within the condominium structure. 
B)  The owner of a condominium owns a share in the common areas. 
C)  The owner of a condominium can be forced to pay a fee levied by the condominium association governing the condominium. 
D)  The owner of a condominium can mortgage his interest. 
E)  An owner of a cooperative, like the owner of a condominium, has a real property interest in the suite.

Question 10

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

Accepted Answer

A) True 
 B)False

Question 11

In Boudreau v.Lin,a professor published a student's paper without giving the student credit.What did the Court find?

Accepted Answer

A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works. 
A)  Plagiarism is a form of academic dishonesty that should not be tolerated. The student's copyright was infringed, as were his moral rights. 
B)  Plagiarism is a form of academic dishonesty, but there is no legal recourse in such cases. 
C)  A professor automatically owns copyright in works created by a student for his or her class. 
D)  While a student owns the copyright in works he or she has created, a professor has moral rights in such works. 
E)  While a student owns the copyright in works he or she has created, a professor still retains control over publication of such works.

Question 12

When a person buys property but under the title is prevented from building certain types of structures or carrying on certain types of activities at that location,this is called what?

Accepted Answer

a restrict

Question 13

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Accepted Answer

A) True 
 B)False

Question 14

Joe was walking in a park and found a watch.He took it to the City's Lost and Found,but it was not claimed.Three years later,Joe went to this Lost and Found and asked for the watch and was told that the watch was a property of the City.Explain Joe's legal position in these circumstances.

Accepted Answer

Joe had prior possession and t

Question 15

The bailee is not liable for damage done to goods while in his or her possession.

Accepted Answer

A) True 
 B)False

Question 16

Which of the following is the correct definition of "chattel"?

Accepted Answer

A)  "Chattel" is a name used to describe the land registration system in place in the western provinces. 
B)  "Chattel" is an intangible form of personal property, such as a debt or claim. 
C)  "Chattel" refers to intellectual property such as patents and copyrights. 
D)  "Chattel" is the term used to describe tangible personal property or movables. 
E)  The term "chattel" is the broad term used to describe any kind of property interest. 
A)  "Chattel" is a name used to describe the land registration system in place in the western provinces. 
B)  "Chattel" is an intangible form of personal property, such as a debt or claim. 
C)  "Chattel" refers to intellectual property such as patents and copyrights. 
D)  "Chattel" is the term used to describe tangible personal property or movables. 
E)  The term "chattel" is the broad term used to describe any kind of property interest.

Question 17

Distinguish between copyright and patent.

Accepted Answer

Copyright law prevents completed works l

Question 18

Cadbury Schweppes Inc.v.FBI Foods Ltd.involved an action for breach of confidential information,where the information in question was a drink recipe.Which of the following statements is false?

Accepted Answer

A)  The duty not to misuse confidential information is limited to fiduciary relationships. 
B)  A recipe can be considered confidential information. 
C)  In establishing breach, it is relevant whether or not the information in question was communicated in confidence. 
D)  To find breach, it is necessary that the party to whom the information had been communicated had misused it. 
E)  Where information is given in a manner that indicates it is to remain confidential, an obligation to keep that information confidential arises. 
A)  The duty not to misuse confidential information is limited to fiduciary relationships. 
B)  A recipe can be considered confidential information. 
C)  In establishing breach, it is relevant whether or not the information in question was communicated in confidence. 
D)  To find breach, it is necessary that the party to whom the information had been communicated had misused it. 
E)  Where information is given in a manner that indicates it is to remain confidential, an obligation to keep that information confidential arises.

Question 19

Historically,the mortgage transaction involved the mortgagee transferring title to the property to the mortgagor as security for the loan.

Accepted Answer

A) True 
 B)False

Question 20

Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

Accepted Answer

A) True 
 B)False

Explain how the remedy of an accounting works when there has been a violation of copyright.

Distinguish between a leasehold estate and a freehold estate.

Indicate three things that cannot be used as a trademark.

A person can only bring a passing-off action where there is no registered trademark involved.

If a person habitually crosses property over a number of years with permission of the owner,he can,in some provinces,acquire a right to cross that property even though there has been no actual documented grant of such a right.Acquiring such a right is this manner is called

In Durham Condominium Corporation No.123 v.Amberwood Investments Limited,an agreement was registered that required a fee payment and provided that this obligation was to run with the land.The Court found that this was a positive obligation requiring Durham to make payments.Such an obligation

Explain what is held in a life estate.

Which of the following is false with regard to condominiums and cooperatives?

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

In Boudreau v.Lin,a professor published a student's paper without giving the student credit.What did the Court find?

When a person buys property but under the title is prevented from building certain types of structures or carrying on certain types of activities at that location,this is called what?

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Joe was walking in a park and found a watch.He took it to the City's Lost and Found,but it was not claimed.Three years later,Joe went to this Lost and Found and asked for the watch and was told that the watch was a property of the City.Explain Joe's legal position in these circumstances.

The bailee is not liable for damage done to goods while in his or her possession.

Which of the following is the correct definition of "chattel"?

Distinguish between copyright and patent.

Cadbury Schweppes Inc.v.FBI Foods Ltd.involved an action for breach of confidential information,where the information in question was a drink recipe.Which of the following statements is false?

Historically,the mortgage transaction involved the mortgagee transferring title to the property to the mortgagor as security for the loan.

Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 13: Real, Personal, and Intellectual Property

Explain how the remedy of an accounting works when there has been a violation of copyright.

Distinguish between a leasehold estate and a freehold estate.

Indicate three things that cannot be used as a trademark.

A person can only bring a passing-off action where there is no registered trademark involved.

If a person habitually crosses property over a number of years with permission of the owner,he can,in some provinces,acquire a right to cross that property even though there has been no actual documented grant of such a right.Acquiring such a right is this manner is called

In Durham Condominium Corporation No.123 v.Amberwood Investments Limited,an agreement was registered that required a fee payment and provided that this obligation was to run with the land.The Court found that this was a positive obligation requiring Durham to make payments.Such an obligation

Explain what is held in a life estate.

Which of the following is false with regard to condominiums and cooperatives?

A "passing-off action" prevents a person from misleading the public into thinking it is dealing with some other business and applies whether or not a registered trademark is involved.

In Boudreau v.Lin,a professor published a student's paper without giving the student credit.What did the Court find?

When a person buys property but under the title is prevented from building certain types of structures or carrying on certain types of activities at that location,this is called what?

The Industrial Design Act is designed to protect distinctive patterns or shapes as opposed to useful ones.

Joe was walking in a park and found a watch.He took it to the City's Lost and Found,but it was not claimed.Three years later,Joe went to this Lost and Found and asked for the watch and was told that the watch was a property of the City.Explain Joe's legal position in these circumstances.

The bailee is not liable for damage done to goods while in his or her possession.

Which of the following is the correct definition of "chattel"?

Distinguish between copyright and patent.

Cadbury Schweppes Inc.v.FBI Foods Ltd.involved an action for breach of confidential information,where the information in question was a drink recipe.Which of the following statements is false?

Historically,the mortgage transaction involved the mortgagee transferring title to the property to the mortgagor as security for the loan.

Trademarks are to prevent the deception of people who think they are dealing with the company usually associated with the symbol.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Intentional Torts and Torts Impacting Business

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters