Commercial Law Midterm 1 (Commerce
4SD3) Exam Q&A 100% Solved | Already
Graded A+
Evidence Act - ✔✔- hearsay is inadmissible
- business records are evidence (exception to the hearsay rule)
- author of business records does not need to be present
- business records must be kept over normal course of business
Insurance Act - ✔✔- client must disclose all aspects of risk to insurance
company
- exception to the element of fault where losses are shifted to person at
fault for harm caused
- no fault motor vehicle insurance under act
Vicarious Liability - ✔✔- liability on employers of employees
- liability of employees and their acts during employment
1
©NINJANERD 2025/2026. YEAR PUBLISHED 2025.
, - someone can sue employer and employee but cannot double collect
Negligence Act - ✔✔- negligence: the careless causing of injury to another
person or property of another
- duty of care/ standard of care:
* you are not liable if you act reasonably
* duty to be careful -> be very careful with hazardous activity where you
can foresee harm if you do not act carefully
- contributory negligence:
* partial defence to a negligent act
* both parties are at fault
* must apportion the fault and apportion the damages to each party
Manufacturer's/ Product Liability Act - ✔✔- manufacturer has duty of care to
consumers even if there is no direct contract
- duty to recipient of a warning even if the recipient is already aware of the
hazard
- there are many statutory requirements for warnings (disclaimers)
2
©NINJANERD 2025/2026. YEAR PUBLISHED 2025.
4SD3) Exam Q&A 100% Solved | Already
Graded A+
Evidence Act - ✔✔- hearsay is inadmissible
- business records are evidence (exception to the hearsay rule)
- author of business records does not need to be present
- business records must be kept over normal course of business
Insurance Act - ✔✔- client must disclose all aspects of risk to insurance
company
- exception to the element of fault where losses are shifted to person at
fault for harm caused
- no fault motor vehicle insurance under act
Vicarious Liability - ✔✔- liability on employers of employees
- liability of employees and their acts during employment
1
©NINJANERD 2025/2026. YEAR PUBLISHED 2025.
, - someone can sue employer and employee but cannot double collect
Negligence Act - ✔✔- negligence: the careless causing of injury to another
person or property of another
- duty of care/ standard of care:
* you are not liable if you act reasonably
* duty to be careful -> be very careful with hazardous activity where you
can foresee harm if you do not act carefully
- contributory negligence:
* partial defence to a negligent act
* both parties are at fault
* must apportion the fault and apportion the damages to each party
Manufacturer's/ Product Liability Act - ✔✔- manufacturer has duty of care to
consumers even if there is no direct contract
- duty to recipient of a warning even if the recipient is already aware of the
hazard
- there are many statutory requirements for warnings (disclaimers)
2
©NINJANERD 2025/2026. YEAR PUBLISHED 2025.
