Question 1

Grant and Shawna developed a new and exciting invention which they called the "Zlackerblogf". They incorporated "Zlackerblogf Industries Ltd." to be responsible for the manufacture and sale of this revolutionary new product. After years of success, they decided to sell their product online. When time came to register "zlackerblogf.com", however, they discovered that the domain name had already been taken by Curlicue Developments Inc., a major competitor. Which of the following is true?

Accepted Answer

A)  If Curlicue Developments Inc. obtained the domain name to prevent their competitor from using it, this does not undermine Curlicue's claim to the name; it merely demonstrates that Curlicue is a crafty competitor. 
B)  Zlackerblogf Industries Ltd. does not need to worry; because of the nature of the Internet, the same domain name can be used by more than one entity. 
C)  Curlicue Developments Inc.'s registered domain name could be used as a defence to any allegation of trademark infringement. 
D)  Although Curlicue Developments Inc. may have acted improperly, once a domain name has been issued, it cannot later be rescinded. 
E)  The dispute over the domain name could be dealt with by dispute resolution mechanisms in place to resolve exactly this kind of domain name conflict.

Question 2

With regards to the Ontario Consumer Protection Act , which of the following statements is true

Accepted Answer

A)  The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party are Canadian residents. 
B)  The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located anywhere in Canada at the time of the transaction. 
C)  The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located in Ontario at the time of the transaction. 
D)  The Act specifically provides that the rights set out in it apply only if the consumer resides in Ontario. 
E)  The Act specifically provides that the rights set out in it apply only if the seller resides in Ontario at the time of the transaction.

Question 3

Canada's Uniform Electronic Commerce Act creates rights, and obligations with respect to electronic commerce transactions within Canada.

Accepted Answer

A) True 
 B)False

Question 4

Employers are particularly vulnerable to the misuse of their computer resources by employees. Discuss.

Accepted Answer

The answer of Employers are particularly vulnerable to the misuse...

Question 5

Joe sends Sanjay an offer via email from his Toronto office. The offer contains a provision indicating the offer expires at 5:00 PM Toronto time. Sanjay, who lives in Vancouver, replies accepting Joe's offer at 4:00 PM Vancouver time. Joe received Sanjay's email acceptance at 9:00 AM the next day. Which of the following statements is true? (Note the three hour time difference between Toronto and Vancouver)

Accepted Answer

A)  Joe's offer had expired. 
B)  Joe and Sanjay had a binding contract, since Sanjay had accepted by 4:00 Vancouver time. 
C)  A binding contract had been formed, once Joe opened Sanjay's email acceptance the next day. 
D)  Once Sanjay had sent the email,, a binding contract had been formed, regardless of what time Joe had received the email. 
E)  The contract became binding once Joe had made the offer.

Question 6

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer, before the consumer enters into an internet agreement, detailed information including which of the following statements:

Accepted Answer

A)  The consumer need be notified of any cancellation, return, exchange, or refund conditions. 
B)  The telephone number of the supplier, and the address of he premises from which the supplier conducts business. 
C)  An itemized list of the prices, including taxes and shipping charges, at which the goods and services are proposed to be supplied to the consumer. 
D)  The name of the supplier and, if different, the name under which the supplier carries on business. 
E)  All of the above statements are included.

Question 7

In assessing damages for defamation over the Internet, the size of the audience is irrelevant.

Accepted Answer

A) True 
 B)False

Question 8

Describe the concept of cybersquatting.

Accepted Answer

The answer of Describe the concept of cybersquatting....

Question 9

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?

Accepted Answer

A)  Whether the defendant owns the ISP that posted the comments. 
B)  Whether there is a sufficient connection between the defamation and the jurisdiction for the case to be heard. 
C)  Whether the defendant only intended for a local audience to view the comments. 
D)  Whether the plaintiff suffered any harm where the comment was posted 
E)  Whether the website that posted the comments has a local server.

Question 10

Credit cards, debit cards and other forms of electronic money replace negotiable instruments in online transactions.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is true in respect of privacy law in Canada?

Accepted Answer

A)  Organizations in the private sector are subject to the Personal Information Protection and Electronic Documents Act with respect to the personal information they collect. 
B)  The power to enact privacy legislation has been exclusively granted to the federal government. 
C)  Privacy protection is found primarily in the common law. 
D)  The Personal Information Protection and Electronic Documents Act is designed only to regulate the government in its collection, use and disclosure of personal information. 
E)  Privacy laws are generally considered unnecessary because voluntary privacy protection has been so successful.

Question 12

Describe the provision with respect to internet transactions, as set out in the Ontario Consumer Protection Act .

Accepted Answer

The answer of Describe the provision with respect to internet...

Question 13

With regards to internet transactions, an offer will be accepted and a contract formed as soon as message is sent, and it is received as soon as it arrives on the recipient's computer, even if it is never read.

Accepted Answer

A) True 
 B)False

Question 14

The case Di Vito v. MacDonald Dettwiler & Associates Ltd., involved an employer dismissing an employee for just cause based on a email message. What did the Court find?

Accepted Answer

A)  The Court determined that circulating the derogatory email, was in itself sufficient grounds for a summary dismissal. 
B)  The Court determined that circulating the derogatory email, while wrong, was not in itself sufficient grounds .for a summary dismissal. But later lying about how far and to whom the email was forwarded gave the employer just cause. 
C)  The Court determined the only recourse would be for the plaintiff to bring a defamation action against the employer. 
D)  The Court determined that lying about how far and to whom the email was forwarded gave the employer insufficient grounds for a summary dismissal. 
E)  The Court determined that circulating the derogatory email, was in itself insufficient grounds for a summary dismissal, and the employer was held vicariously liable for defamation.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 15

The Canadian government was successful in forcing the Canadian components of eBay to disclose their financial records on certain "power sellers" to Revenue Canada.

Accepted Answer

A) True 
 B)False

Question 16

Identify the factors which courts look to when dealing to determine jurisdiction.

Accepted Answer

The answer of Identify the factors which courts look to...

Question 17

Discuss the problems associated with business and the internet.

Accepted Answer

The answer of Discuss the problems associated with business and...

Question 18

In the context of employment and use of the Internet, which of the following is false?

Accepted Answer

A)  Monitoring employees' e-mail can be effective, but also raises a privacy concern. 
B)  E-mail should be encouraged over other forms of communication, because it is inherently private. 
C)  An employer should have a clear and comprehensive policy prohibiting misuse of company resources. 
D)  Employers should notify employees when their use of company resources may be subject to monitoring. 
E)  Employers can be liable when their employees misuse the Internet.

Question 19

Which of the following statements would be true with regards to the Uniform Electronic Commerce Act (UECA)?

Accepted Answer

A)  The use of electronic documents is not allowed with regards to online purchase of goods. 
B)  An offer will be accepted and a contract formed only when the offer is sent and accepted by snail mail, and not email. 
C)  The UECA changes the law with respect to the requirement of written documents and signatures. 
D)  A password or encryption does not authenticate an electronic document. 
E)  A signature equivalent may be a password or some other form of encryption.

Question 20

Traditional contract rules only apply to written contracts but not internet transactions.

Accepted Answer

A) True 
 B)False

Exam 14: Information Technology and the Internet

With regards to the Ontario Consumer Protection Act , which of the following statements is true

Canada's Uniform Electronic Commerce Act creates rights, and obligations with respect to electronic commerce transactions within Canada.

Employers are particularly vulnerable to the misuse of their computer resources by employees. Discuss.

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer, before the consumer enters into an internet agreement, detailed information including which of the following statements:

In assessing damages for defamation over the Internet, the size of the audience is irrelevant.

Describe the concept of cybersquatting.

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?

Credit cards, debit cards and other forms of electronic money replace negotiable instruments in online transactions.

Which of the following is true in respect of privacy law in Canada?

Describe the provision with respect to internet transactions, as set out in the Ontario Consumer Protection Act .

With regards to internet transactions, an offer will be accepted and a contract formed as soon as message is sent, and it is received as soon as it arrives on the recipient's computer, even if it is never read.

The case Di Vito v. MacDonald Dettwiler & Associates Ltd., involved an employer dismissing an employee for just cause based on a email message. What did the Court find?

The Canadian government was successful in forcing the Canadian components of eBay to disclose their financial records on certain "power sellers" to Revenue Canada.

Identify the factors which courts look to when dealing to determine jurisdiction.

Discuss the problems associated with business and the internet.

In the context of employment and use of the Internet, which of the following is false?

Which of the following statements would be true with regards to the Uniform Electronic Commerce Act (UECA) ?

Traditional contract rules only apply to written contracts but not internet transactions.