Question 1

Which of the following is true with regard to the law of trade secret/breach of confidence?

Accepted Answer

A)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
B)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
E)  A person could seek protection under the law of trade secret and the law of copyright at the same time. 
A)  An injunction could be granted by the court only against a person who stole a trade secret, not against a third person using the stolen secret. 
B)  An Anton Piller order is an order of the court requiring a person who stole and used a trade secret to make an accounting of all the profit realized from its use. 
C)  The protection afforded by this area of the law applies only to personal information, not commercial matters the disclosure of which would increase competition. 
D)  The subject matter protected by the law of trade secret is set out in the provincial Trade Secrets Act. 
E)  A person could seek protection under the law of trade secret and the law of copyright at the same time.

Question 2

The effect of an Anton Piller Order is to

Accepted Answer

A)  seize material from the suspected wrongdoer. 
B)  prohibit offender from dealing with product. 
C)  compensate holder of copyright. 
D)  require the infringer to pay over any profits. 
E)  stop infringement before trial. 
A)  seize material from the suspected wrongdoer. 
B)  prohibit offender from dealing with product. 
C)  compensate holder of copyright. 
D)  require the infringer to pay over any profits. 
E)  stop infringement before trial.

Question 3

Jane had two teenaged sons. Her husband died when the boys were 14 and 16. She met Jack, who had a son and daughter by his first marriage. He was divorced from both a first and second wife. Jane and Jack decided to marry. After the marriage, they bought a house as co-owners. Which of the following is true with regard to co-ownership?

Accepted Answer

A)  If they took the property as tenancy in joint tenants and she decides that she does not want the "right of survivorship," she cannot change that type of ownership without his permission. 
B)  If they co-own the property as joint tenants, Jane could control what happened to her share upon her death by a well-crafted will. 
C)  If the type of co-ownership is not stated on the conveyancing documents, they will take possession as joint tenants. 
D)  If it is a joint tenancy and no changes are made, if she dies first her husband gets the whole property. 
E)  A joint-tenancy cannot be severed by one party selling their interest. 
A)  If they took the property as tenancy in joint tenants and she decides that she does not want the "right of survivorship," she cannot change that type of ownership without his permission. 
B)  If they co-own the property as joint tenants, Jane could control what happened to her share upon her death by a well-crafted will. 
C)  If the type of co-ownership is not stated on the conveyancing documents, they will take possession as joint tenants. 
D)  If it is a joint tenancy and no changes are made, if she dies first her husband gets the whole property. 
E)  A joint-tenancy cannot be severed by one party selling their interest.

Question 4

Jurg was hosting a luncheon when his punchbowl broke. He went next door and asked his neighbour, Ethan, if he could borrow his. Ethan reluctantly agreed, commenting that the punchbowl was a family heirloom. This made Jurg a little nervous. On his way back home, he was wondering what his responsibility would be in relation to the bowl. Which one of the following statements is true?

Accepted Answer

A)  Because this is a gratuitous bailment, Jurg has no legal obligation in relation to the punchbowl. 
B)  Because this is a gratuitous bailment for Jurg's benefit, Jurg must be reasonably careful that no harm or damage comes to the punchbowl. 
C)  Because Ethan lent the punchbowl to him reluctantly, the rules of an involuntary bailment apply. 
D)  Because Jurg borrowed the punchbowl, he must return it in the same condition and is liable for any damage howsoever caused. 
E)  Because the punchbowl is valuable, the rules of a bailment for value will be enforced. 
A)  Because this is a gratuitous bailment, Jurg has no legal obligation in relation to the punchbowl. 
B)  Because this is a gratuitous bailment for Jurg's benefit, Jurg must be reasonably careful that no harm or damage comes to the punchbowl. 
C)  Because Ethan lent the punchbowl to him reluctantly, the rules of an involuntary bailment apply. 
D)  Because Jurg borrowed the punchbowl, he must return it in the same condition and is liable for any damage howsoever caused. 
E)  Because the punchbowl is valuable, the rules of a bailment for value will be enforced.

Question 5

Maureen, who frequently developed gadgets, had an idea for a machine that could feed her animals (cats, dogs, rabbits, and fish) while she was away on vacation for a week. She was very sure of the idea and began discussions with a manufacturer. Unfortunately, after it was concluded that he could make the machine, they could not agree on his proper compensation and they broke off negotiations. Shortly afterwards, this manufacturer, Easylife Ltd., began to manufacturer "the animal feeder" based on her idea. On these facts, which of the following is true?

Accepted Answer

A)  Maureen has no action against the manufacturer because she had not patented her invention. 
B)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
E)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information. 
A)  Maureen has no action against the manufacturer because she had not patented her invention. 
B)  The manufacturer could not be sued for misuse of a trade secret because he was not Maureen's employee and thus was not in a position of trust and could use the information for his own benefit. 
C)  The manufacturer could not be sued for misuse of a trade secret because he had not signed any document in which he acknowledged he understood it was confidential information and in which he promised not to use it to her detriment. 
D)  The manufacturer could not be sued for misuse of a trade secret because Maureen only told her idea and ideas cannot be protected by trade secret law. 
E)  Maureen could not sue the manufacturer for infringement of copyright but could sue for misuse of a trade secret if she can show that it was apparent in the circumstances that he was being trusted with confidential information.

Question 6

Because a tenancy is primarily contractual and so does not "run with the land", it will not bind a purchaser of a building.

Accepted Answer

A) True 
 B)False

Question 7

Which of the following is false with regard to trademark?

Accepted Answer

A)  The distinctive design of a product container may be the subject of trademark protection. 
B)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
C)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark. 
D)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
E)  Registration of a trademark grants the owner protection for 15 years with the right to renew. 
A)  The distinctive design of a product container may be the subject of trademark protection. 
B)  If a person registers a trademark but later fails to use it, protection of the mark will not be lost; it is still his and is protected for the remainder of the period of protection granted. 
C)  Registration under the Trademark Act establishes a presumption that the person registered is the owner of the trademark. 
D)  Registration of a trademark gives the owner of the trademark the exclusive right to use it throughout Canada. 
E)  Registration of a trademark grants the owner protection for 15 years with the right to renew.

Question 8

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

Accepted Answer

A)  The duty is owed only between partners within a partnership. 
B)  There is an obligation of duty, only if stems from contract law. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. . 
D)  A duty is only owed when the information is copyrighted or patented. 
E)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit. 
A)  The duty is owed only between partners within a partnership. 
B)  There is an obligation of duty, only if stems from contract law. 
C)  There must be a fiduciary duty, in order to have a legal obligation not to disclose confidential information. . 
D)  A duty is only owed when the information is copyrighted or patented. 
E)  The nature of the duty is not to disclose confidential information about a business that would cause harm to the business or bring personal benefit.

Question 9

A person can obtain copyright protection only when the idea upon which the work is based is original.

Accepted Answer

A) True 
 B)False

Question 10

In which of the following does a person have a true lease?

Accepted Answer

A)  When he spends the night in an inn. 
B)  When a person contracts for a room in a boarding house for one month. 
C)  When a person's one-year lease has expired and he has paid no further rent, but remains on the premises contrary to the wishes of the lessor. 
D)  When he has been given permission to sleep on a cot in the dark room used at the photography shop where he works. 
E)  When he has contracted for a warehouse for a two-week period commencing June 1, 2001. 
A)  When he spends the night in an inn. 
B)  When a person contracts for a room in a boarding house for one month. 
C)  When a person's one-year lease has expired and he has paid no further rent, but remains on the premises contrary to the wishes of the lessor. 
D)  When he has been given permission to sleep on a cot in the dark room used at the photography shop where he works. 
E)  When he has contracted for a warehouse for a two-week period commencing June 1, 2001.

Question 11

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

Accepted Answer

Where it is being re

Question 12

Zack, Virgil, and Craig, friends for several years and all worried about the alarming rise in land prices, want to go in together and buy a four-acre parcel in the country. There is a small cabin on it. They hope that the land value will appreciate, and they want to sell it in a few years to help finance a house of their own. Read each of the following separately and indicate which is true with regard to their ownership of this property.

Accepted Answer

A)  If they buy the land and do not take possession, in some provinces they could lose their right to claim possession, and their rights become a fee simple estate. 
B)  Ownership of the fee simple does not guarantee their right to everything below the surface of their property. 
C)  Ownership of the property entitles them not only to the surface of the earth between the boundaries, but also to the infinite airspace above and everything below the surface of their property. 
D)  If they do not indicate on the transfer documents the nature of the co-ownership, the law presumes they will take as joint tenants. 
E)  In Canada, in strict legal terms, the only owner of land is the Crown, and if they buy land free and clear, they are only getting a life estate. 
A)  If they buy the land and do not take possession, in some provinces they could lose their right to claim possession, and their rights become a fee simple estate. 
B)  Ownership of the fee simple does not guarantee their right to everything below the surface of their property. 
C)  Ownership of the property entitles them not only to the surface of the earth between the boundaries, but also to the infinite airspace above and everything below the surface of their property. 
D)  If they do not indicate on the transfer documents the nature of the co-ownership, the law presumes they will take as joint tenants. 
E)  In Canada, in strict legal terms, the only owner of land is the Crown, and if they buy land free and clear, they are only getting a life estate.

Question 13

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term, the tenant can pay the arrears and apply in the court to have the lease reinstated. This is known as

Accepted Answer

A)  tenancy at sufferance. 
B)  relief against forfeiture. 
C)  distress. 
D)  an order nisi. 
E)  an order absolute. 
A)  tenancy at sufferance. 
B)  relief against forfeiture. 
C)  distress. 
D)  an order nisi. 
E)  an order absolute.

Question 14

Explain the concept of an "enhanced injunction".

Accepted Answer

This is a new remedy under the

Question 15

What is the main purpose of patent law?

Accepted Answer

To provide the disclosure of t

Question 16

Explain the concept of "delivery up".

Accepted Answer

This is an order directing the

Question 17

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)  The common law places no duty on the landlord to repair, and this has not been overridden by any statute. 
B)  Unless the contract states that the landlord has an obligation to repair, the landlord has no obligation to repair. 
C)  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. 
D)  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. 
E)  Because Joan has taken possession, she would have the obligation to replace the steps and bolt down the handrailing. 
A)  The common law places no duty on the landlord to repair, and this has not been overridden by any statute. 
B)  Unless the contract states that the landlord has an obligation to repair, the landlord has no obligation to repair. 
C)  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. 
D)  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. 
E)  Because Joan has taken possession, she would have the obligation to replace the steps and bolt down the handrailing.

Question 18

Brenna owns two adjacent lakeside lots. She sells one lot to Burt and Ernie, with the provisions that they agree not to develop any commercial facilities on the land and to plant a row of rose bushes between the properties. The covenants are registered in the appropriate Land Title Office. Which of the following is true?

Accepted Answer

A)  The registration of a covenant guarantees that it is valid interest that runs with the land. 
B)  If Burt and Ernie sell their lot to Holly, Holly would not be bound by the covenant to refrain from developing commercial facilities. 
C)  If Burt and Ernie do not plant the bushes as agreed, Brenna could sue them for private nuisance. 
D)  If the title documents are silent on the point, Burt and Ernie take possession as joint tenants. 
E)  If Burt and Ernie sell the property, the new owner would not have to plant the row of rose bushes as provided in the original contract. 
A)  The registration of a covenant guarantees that it is valid interest that runs with the land. 
B)  If Burt and Ernie sell their lot to Holly, Holly would not be bound by the covenant to refrain from developing commercial facilities. 
C)  If Burt and Ernie do not plant the bushes as agreed, Brenna could sue them for private nuisance. 
D)  If the title documents are silent on the point, Burt and Ernie take possession as joint tenants. 
E)  If Burt and Ernie sell the property, the new owner would not have to plant the row of rose bushes as provided in the original contract.

Question 19

In 2005, Jonah sold a building to his two married sons: Bert, and Charles. In 2015, Charles was thinking of severing the joint tenancy, but before anything was said or done, Charles and Bert both drowned in a boating accident. Charles died immediately, but Bert died two months later, never having regained consciousness. Charles had willed his interest in the property to his wife and Bert had willed his to his son. On these facts, which of the following is false?

Accepted Answer

A)  As soon as they made the wills, the parties became tenants in common. 
B)  Bert's son is entitled to the whole property. 
C)  Charles's wife and Bert's son are now joint tenants. 
D)  Charles's wife and Bert's son are now tenants in common. 
E)  Charles's wife is entitled to the whole property. 
A)  As soon as they made the wills, the parties became tenants in common. 
B)  Bert's son is entitled to the whole property. 
C)  Charles's wife and Bert's son are now joint tenants. 
D)  Charles's wife and Bert's son are now tenants in common. 
E)  Charles's wife is entitled to the whole property.

Question 20

In Canada, there is no right to patent methods of carrying on business as yet, but business method patents are available in the United States.

Accepted Answer

A) True 
 B)False

Which of the following is true with regard to the law of trade secret/breach of confidence?

The effect of an Anton Piller Order is to

Because a tenancy is primarily contractual and so does not "run with the land", it will not bind a purchaser of a building.

Which of the following is false with regard to trademark?

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

A person can obtain copyright protection only when the idea upon which the work is based is original.

In which of the following does a person have a true lease?

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term, the tenant can pay the arrears and apply in the court to have the lease reinstated. This is known as

Explain the concept of an "enhanced injunction".

What is the main purpose of patent law?

Explain the concept of "delivery up".

In Canada, there is no right to patent methods of carrying on business as yet, but business method patents are available in the United States.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

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Exam 13: Real, Personal and Intellectual Property

Which of the following is true with regard to the law of trade secret/breach of confidence?

The effect of an Anton Piller Order is to

Because a tenancy is primarily contractual and so does not "run with the land", it will not bind a purchaser of a building.

Which of the following is false with regard to trademark?

Which of the following is true with respect to the duty owed when a person is in possession of confidential information?

A person can obtain copyright protection only when the idea upon which the work is based is original.

In which of the following does a person have a true lease?

Explain under what circumstances copyrighted material can be reproduced without permission of the copyright holder.

There is an equitable principle that when a landlord retakes a property for failure to pay rent prior to the end of the lease term, the tenant can pay the arrears and apply in the court to have the lease reinstated. This is known as

Explain the concept of an "enhanced injunction".

What is the main purpose of patent law?

Explain the concept of "delivery up".

In Canada, there is no right to patent methods of carrying on business as yet, but business method patents are available in the United States.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Intentional Torts

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

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