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FULL - Elaborated Test Bank & Solutions Manual for Contemporary Canadian Business Law 12Ed. By John A Willes, John H Willes ALL 35 Chapters Included-Latest

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FULL - Elaborated Test Bank & Solutions Manual for Contemporary Canadian Business Law 12Ed. By John A Willes, John H Willes ALL 35 Chapters Included-Latest PART 1 THE LEGAL ENVIRONMENT FOR BUSINESS ... Chapter 1 The Law and the Legal System Chapter 2 The Judicial System and Alternative Dispute Resolution Chapter 3 Business Regulation PART 2 THE LAW OF TORTS Chapter 4 Intentional Torts Chapter 5 Negligence and Unintentional Torts Chapter 6 Special Tort Liabilities of Business Professionals PART 3 THE LAW OF CONTRACT Chapter 7 An Introduction to Contracts Chapter 8 The Requirement of Consideration Chapter 9 Legal Capacity to Contract and the Requirement of Legality Chapter 10 The Requirements of Form and Writing Chapter 11 Failure to Create an Enforceable Contract Chapter 12 The Extent of Contractual Rights Chapter 13 Performance of Contractual Obligations Chapter 14 Breach of Contract and Remedies PART 4 THE LAW OF BUSINESS RELATIONSHIPS Chapter 15 Law of Agency Chapter 16 Law of Sole Proprietorship and Partnership Chapter 17 Corporation Law Chapter 18 Securities Regulation Chapter 19 Employment and Labour Relations PART 5 THE LAW OF PROPERTY Chapter 20 The Law of Bailment Chapter 21 The Sale of Goods Chapter 22 Interests in Land Chapter 23 The Law of Mortgages Chapter 24 Leasehold Interests Chapter 25 Commercial and Residential Real-Estate Transactions Chapter 26 Intellectual Property, Patents, Trademarks, Copyright and Franchising PART 6 SPECIAL LEGAL RIGHTS AND RELATIONSHIPS Chapter 27 Consumer-Protection Legislation Chapter 28 Law of Negotiable Instruments Chapter 29 Security for Debt Chapter 30 Bankruptcy and Insolvency Chapter 31 Insurance Law Chapter 32 Restrictive Trade Practices Chapter 33 International Business Law Chapter 34 Environmental Law Chapter 35 Privacy Law MULTIPLE CHOICE. Choose the one alternative that best completes the statement or answers the question. 1) A sophisticated client A) does not require the services of a lawyer. B) is someone with formal legal training. C) distrusts and derides lawyers. D) understands the importance of the solicitor-client relationship. E) should represent themselves, rather than paying for legal services. 2) Raman is a sophisticated client. This means that she A) understands how to manage a lawyer-client relationship. B) is a small business owner. C) manages her legal affairs without assistance from a lawyer. D) has a law degree. E) will probably never find herself in a situation necessitating legal advice. 3) In the context of a sophisticated client, "sophisticated" can best be defined as A) complicated, self-reliant, and cosmopolitan. B) confident, knowledgeable, and up-to-date. C) aggressive, dynamic, and forceful. D) refined and cultured. E) simple and naïve. 4) Which of the following best describes the likelihood of a student becoming involved in a situation necessitating legal advice? A) A student, or someone close to the student, will always become involved in such a situation B) Because students cannot be sophisticated, they will often become involved in such situations. C) Legal advice is not available to students. D) A student, or someone close to a student, sometimes becomes involved in such a situation. E) Because students are not business people, they never become involved in such situations. 5) Becoming a sophisticated client will A) ensure that a business person never needs a lawyer. B) relieve a business person from having to conduct legal research. C) protect a business person from needing legal advice. D) result in a business person developing a bias against lawyers. E) help a business person manage her legal affairs more efficiently and effectively. 6) Having a good lawyer on your team is A) a legal requirement prior to incorporating a business. B) a critical component of being a sophisticated client. C) only necessary for large companies. D) a good alternative to becoming a sophisticated client. E) usually too expensive to be worthwhile. 7) William Shakespeare's Henry VI, Part II includes the line "The first thing we do, let's kill all the lawyers." The president of the Canadian Bar Association interpreted this quotation as A) a threat to all members of the legal profession. B) an offence meriting severe legal consequences. C) a comment on the importance of the "rule of law". hzzled D) a lawyer-bashing joke. E) a humorous attempt to embarrass lawyers everywhere. 8) Which of the following best describes the role of the lawyer? A) The lawyer is simply one of the experts the businessperson consults. B) The client makes decisions regarding civil matters; the lawyer makes decisions regarding criminal matters. C) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. D) The client must follow the lawyer's instructions, as long as they are lawful. E) The lawyer makes the legal decisions for the client. 9) Which of the following statements best describes solicitor-client privilege? A) The lawyer makes decisions regarding civil matters; the client makes decisions regarding criminal matters. B) The lawyer makes the legal decisions for the client. C) The lawyer is the only expert a client should consult. D) Refers to the duty of the lawyer to keep the information provided by the client confidential. E) The lawyer must follow the client's instructions, even if they are illegal in nature. 10) Which of the following is NOT a good reason for a business person to seek advice from a lawyer? A) The businessperson cannot understand the necessary legal information. B) The businessperson is facing criminal charges. C) The businessperson cannot find the necessary legal information. D) It would take too long for the businessperson to find the necessary legal information. E) The necessary legal information is available online. 11) For sophisticated clients, the availability of an abundance of legal information online is A) a negative development, because accessing this information tends to be more costly than retaining a lawyer. B) a negative development, because online information is rarely accurate or helpful. C) a neutral development, because lawyers are still the only ones able to access this information. D) a positive development, because it provides greater access to information they can use as part of their decision-making process. E) a positive development, because it means that they will no longer need to retain lawyers as part of their team. 12) When searching online for legal information, it is best to A) trust that if it is published online, it must be accurate. B) use American sources, as they tend to be more comprehensive than Canadian ones. C) gauge the accuracy of the information by the look of the website. D) never trust the information found on a website. E) seek advice from a lawyer when answers cannot be readily found. 13) Sophisticated clients A) know that it is better to hire a lawyer than to conduct research on one's own. B) are willing to pay for legal advice at any cost. C) have the skill and confidence to find basic legal information. D) tend to be embarrassed to request legal advice. E) do not need to retain a lawyer. 14) One reason for the general lack of respect for lawyers is that hzzled A) many people do not understand the role of the lawyer in the solicitor-client relationship. B) the cost of legal advice generally outweighs its benefit. C) lawyers who breach their duties are generally not subject to any punishment. D) lawyers are rarely able to provide information or advice relevant to business matters. E) lawyers are not bound by a Code of Professional Conduct. 15) The role of the lawyer is to A) provide legal advice relevant to the client's situation, which the client has no choice but to follow. B) provide legal advice relevant to the client's situation, which the client is free to ignore. C) delay the client's decision-making process. D) tell their clients what they must do. E) tell their clients what they must not do. 16) The primary purpose of an initial consultation with a lawyer is A) for the prospective client to decide whether to retain the lawyer. B) for the prospective lawyer to help mediate the current dispute. C) to discuss the availability of Legal Aid. D) to develop strategies for dealing with the legal situation in question. E) to arrange payment of the lawyer's fees up front. 17) The decision to enter into the lawyer-client relationship should be A) a mutual decision made primarily on the basis of trust. B) made primarily on the basis of cost. C) solely up the client, as he or she is the one paying for the services. D) solely up to the lawyer, as he or she is the one with the legal training. E) made quickly to ensure that no one else can retain your lawyer. 18) When setting up a small business, the best approach to follow is to assume that after the business has been set up and commences operating A) a lawyer will no longer be required. B) the lawyer you chose to assist you in the start-up of the business will provide free legal services for the duration of the business's operation. C) the lawyer you chose to assist you in the start-up of the business will continue to represent you. D) the lawyer you chose to assist you in the start-up of the business will refer you to a different lawyer. E) you will not need legal advice, as long as you are a sophisticated client. 19) Which of the following is NOT an advantage to maintaining an ongoing relationship with your lawyer? A) The lawyer will know and understand you and your business. B) The lawyer will view you as her client, giving you and your requests priority. C) The lawyer will automatically track your business activities, so that he or she can provide constant advice and guidance. D) The lawyer will be able to customize his or her legal advice, so it will be even more useful to you. E) The lawyer will be able to provide legal advice more efficiently, thereby reducing your legal costs. 20) When someone refers you to a particular lawyer, you should A) retain the lawyer regardless of their area of practice. B) ignore the referral as irrelevant. C) ensure the referral is being given by someone you trust. D) ensure the referral is from a family member, rather than a mere friend. E) retain the lawyer regardless of who gave you the referral. 21) A lawyer referral service hzzled A) provides the names and phone numbers of lawyers who practice in a particular area of law. B) regulates the legal profession in the interest of the public. C) will enable a businessperson to retain a lawyer without need for an initial consultation. D) is an online fee-based service providing guaranteed results. E) is also known as "Legal Aid". 22) A provincial law society A) operates primarily to enhance the commercial interests of its members. B) has as its mandate the provision of free legal services, in the public interest. C) is a self-governing body for businesspeople seeking legal advice. D) is a self-governing body for lawyers. E) operates primarily to offer low-cost legal advice to members. 23) The Canadian Bar Association is A) an organization responsible for reviewing lawyers' accounts. B) a disciplinary body for members of the legal profession. C) a professional organization that represents judges and lawyers. D) focused on enhancing public safety in the liquor distribution industry. E) the national society for legal aid services. 24) Legal aid is A) universally available, regardless of subject matter or financial need. B) available to anyone who can demonstrate financial need, regardless of subject matter. C) only available for business law issues. D) available subject to substantive and financial eligibility requirements. E) available exclusively for criminal law issues, subject to demonstrated financial need. 25) Which of the following statements is most accurate? A) If you have a legal problem and cannot afford a lawyer, one will be provided for you. B) If you qualify for legal aid, you will automatically be exempt from all legal costs. C) Everyone qualifies for legal aid. D) Everyone can afford a lawyer. E) If you have a legal problem and cannot afford a lawyer, you may be eligible for legal aid. 26) If you collect money as a result of a settlement or judgment obtained through the assistance of legal aid, you will A) probably be able to keep the full amount of the settlement of judgment. B) probably have to repay some or all of the legal aid benefits you received. C) probably be ineligible to enforce the settlement or judgment if the debtor refuses to pay. D) be required to turn the amount of the settlement or judgment over to legal aid. E) be required to turn the amount of the settlement or judgment over to the court. 27) Legal Aid Ontario will NOT cover any of the following except A) defamation. B) wrongful dismissal. C) change of name. D) criminal matters. E) personal bankruptcy. 28) The BC Legal Services Society may pay for a lawyer for a low-income client if the client has a legal problem involving any of the following except A) serious family problems. hzzled B) mental health or prison issues. C) commercial litigation. D) criminal charges. E) immigration problems. 29) A small business owner A) is wise to obtain legal aid for its business matters, rather than having to incur legal costs. B) should always use duty counsel, rather than having to retain a lawyer. C) is usually not able to receive legal aid with respect to the legal issues involving the business. D) should retain duty counsel to draft contracts outlining legal duties. E) is automatically entitled to legal aid assistance. 30) Which of the following statements regarding duty counsel is accurate? A) There is an advantage to using duty counsel rather than retaining one's own lawyer. B) There is a lengthy application process to obtain duty counsel. C) Duty counsel typically take on your entire case and represent you at trial. D) Duty counsel are available to assist in a wide range of business law issues. E) Duty counsel can provide limited assistance in certain court matters. 31) Duty counsel are typically available A) in criminal courts, family courts, or immigration courts. B) to review and draft a variety of contracts. C) in superior court bankruptcy matters. D) for small claims and real estate disputes. E) for commercial litigation. 32) Duty counsel are A) court lawyers who assist individuals who are not represented by a lawyer. B) retired lawyers and judges who volunteer through legal aid societies. C) non-lawyers who provide advice to those in financial need. D) legal assistants who offer legal services at rates significantly lower than those charged by lawyers. E) law students who are fulfilling requirements established by a provincial law society. 33) Legal fees A) are always calculated in a single, specified way. B) are typically negligible. C) should not be discussed with a lawyer until a bill has been prepared. D) should be discussed during the initial consultation with the lawyer. E) are rarely the subject of confusion or misunderstanding. 34) Which of the following statements is true? A) Some people don't retain lawyers even when they need them because they are afraid of the cost. B) It is a popular misconception that legal services can be very costly. C) Lawyers should always be retained, regardless of the cost. D) It is considered unprofessional to raise the issue of fees during a consultation with a lawyer. E) All lawyers bill clients on an hourly basis. 35) Contingency fee agreements A) may result in a lawyer not receiving any legal fees for the work done on a file. B) are not subject to any restrictions. C) must be prepared for all lawyer-client relationships. D) are typically used for real estate purchases, the drafting of wills, and incorporations. hzzled E) are synonymous with retainer agreements. 36) Which of the following statements regarding provincial law societies is false? A) Provincial law societies may set maximum contingency fees for certain types of cases. B) Provincial law societies may restrict the use of contingency fee agreements. C) Provincial law societies provide free legal services to people in need. D) Provincial law societies may offer a fee mediation service. E) Provincial law societies provide online information on lawyers' fees. 37) Typically, lawyers bill on the basis of which of the following? A) A fixed fee, a stipend, or a pro rata distribution. B) A fixed fee, an hourly rate, or a contingency fee. C) A fixed fee, a pro rata distribution, or a contingency fee. D) A stipend, a pro rate distribution, or an hourly rate. E) A stipend, an hourly rate, or a contingency fee. 38) Which of the following statements regarding retainers is false? A) The lawyer may require the client to "top up" the retainer as funds are withdrawn from the trust account. B) A retainer helps ensure that a lawyer will be paid for his or her legal services. C) Provincial law societies typically restrict the use of retainers to personal injury or product liability cases. D) A retainer is deposited into a trust account, to the credit of the client. E) Before commencing work on a matter, a lawyer usually requests that a retainer be paid. 39) A retainer A) works as a deposit. B) is the amount a client must pay that is in addition to regular legal fees and disbursements. C) is the amount a lawyer will receive when charging based on a contingency fee agreement. D) refers to the costs incurred by a lawyer on a client's behalf. E) works to secure the release of an arrested person. 40) Provincial law societies A) exist primarily to assist clients with complaints concerning fees. B) deal with complaints regarding a lawyer's conduct. C) provide compensation to clients who are unhappy with legal services. D) guarantee success in litigation matters. E) are non-profit law firms offering a range of legal services. 41) If you have a complaint about the fees being charged by your lawyer A) you can have your bill reviewed by a court official. B) your provincial law society represents your only course of action. C) you must participate in a fee mediation service. D) you should not discuss your concerns with your lawyer directly. E) you should begin by commencing a court action. 42) Fee mediation A) is compulsory whenever a client raises a concern about a lawyer's bill. B) involves a neutral mediator who tries to facilitate a mutually acceptable resolution of a dispute over fees charged by a lawyer. C) involves a review of a lawyer's bill by a court official. D) involves a judge who determines whether or not a lawyer's bill is reasonable. E) is offered by every provincial law society as the primary means of dispute resolution for complaints hzzled [Show More]

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