1. Question 11
2. 1 Point
3. Janiel went to the store, Customize-It, and purchased 3 fashionable handbags that she saw in the store. The store will customize items as the request of their customers. Janiel asked them to engrave her name on each bag and she will return for them the next day. The next day, just before the store opened, there was a break-in and all handbags were stolen from the store. Janiel is demanding a refund of the monies she paid for the handbags. You tell Janiel that:
5. She cannot recover the monies paid as the store had passed the risk to Janiel since the goods were specific goods in a deliverable state
7. She can recover the monies paid as the handbags were physically still in the store's possession, so the risk had not passed
9. She can recover the monies paid as the goods were specific goods but they were not in a deliverable state
10. Question 12
11. 1 Point
12. A "Power of Attorney" is an instrument usually associated with a:
14. General Agent
15. Professional Agent
16. Universal Agent
17. Question 13
18. 1 Point
19. Keisha went to the furniture store and ordered a dining room set, which was to be deliveredfrom the warehouse. This is considered a/an?
21. Unascertained good
22. Future good
23. Specific good
24. Question 14
25. 1 Point
26. In Sale of Goods transactions, which of the following is a remedy available to the buyer against the seller of the goods?
28. Specific Performance of contract
29. Damages for breach of warranty
30. The other two answers are both correct
31. Question 15
32. 1 Point
33. In Sale of Goods contracts, it is implied that:
35. The other two answers are both correct
36. That the seller has the right to sell the goods
37. That the goods will correspond with the description
38. Question 16
39. 1 Point
40. The case of Underwood Ltd v Burgh Castle Brick is authority for the principle that:
42. In the case of specific goods not in a deliverable state, property passes after the seller performs such things to be done
44. Property passes once payment is made
45. Specific goods must be in a deliverable state
46. Question 17
47. 1 Point
48. If Theodore holds himself out as an agent, he is impliedly representing or stating that he has the authority of the Principal to act. In such a case, what happens if it turns out that he has no such authority?
50. Theodore would be in breach of duty to the principal
51. Theodore would be in breach of warranty of authority
52. Theodore would have committed an illegal act
53. Question 18
54. 1 Point
55. Who would be liable for any tort, fraud, or misrepresentation made by the agent while he was acting within the scope of his authority, whether actual or apparent?
57. The agent would be personally liable
58. Both the agent and the principal would be liable
59. The principal would be liable
60. Question 19
61. 1 Point
62. In order for the presumption of an agency by co-habitation to arise which of the following must be present?
64. The man and woman must be married
65. The man and woman must be living together
66. The man and woman must be in a common-law relationship
67. Question 20
68. 1 Point
69. Tamara, an Attorney-at-Law, has been hired to sell Tobias' 6-bedroom mansion. Tamara employed Jennifer, a Real Estate Agent to list Tobias' mansion and to help with the sale. Jennifer is a:
71. General Agent
72. Sub-Agent
73. Special Agent