NPPE - Law for Professional Practice (95%)Questions & Answers 100% Correct!!
What are the 3 main features of the Canadian Constitution? - ANSWERPower division Courts creation The Charter of Rights and Freedoms What are the two types of laws in Canada? - ANSWERStatute Laws (federal and provincial governments enacts legislations Common laws (judge made law) Define Plaintiff - ANSWERThe party making the claim or the crown Define defendant - ANSWERthe party defending against the claim or the accused What are the 5 elements of a Contract? - ANSWERoffer, acceptance, consideration, capacity, legality What are some cases in which a court would void a contract (rare)? - ANSWERMistake (must be: mutual, non-trivial, prior to agreement) Misrepresentation (false statement or assertion of fact) Duress (threats or actual violence/imprisonment) Unconscious (extremely unfair or oppressive) Frustration (impossibility due to unforseen event, e.g. war, floods, riots) What is the test for a fraudulent misrepresentation? - ANSWERIt is a statement made: Knowingly Without belief in truth Recklessly or careless What are the four types of breach of contract? - ANSWERInability (cannot perform duties, e.g. no money) Inadvertence (does not want to perform duties)
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