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LW1M12 CGA-Canada, 2012

CGA-CANADA

BUSINESS LAW [LW1] EXAMINATIONMarch 2012

EXAMINERS COMMENTS

General Comments

Overall performance on this examination was unsatisfactory.

Student performance was excellent on questions from Module 6 (Special contracts: Sales). Student

performance was satisfactory on questions from Modules 2 (Tort law and professional liability),

4 (Formation of the contractual relationship 2), 5 (Interpreting the contract and interpreting the

contractual relationship), 7 (Special contracts: Insurance and employment), and 9 (Business organizations:Agency and partnership).

Student performance was unsatisfactory on questions from Modules 1 (Canadian legal system), 3(Formation of the contractual relationship 1), and 10 (Business organizations: Corporations).

Student performance was poor on questions from Module 8 (Debtor and creditor relations).

Specif ic Comments

Module 1 The Canadian legal systemStudent performance on this module was unsatisfactory. Students had difficulty with questions relating to

the Canadian Charter of Rights and Freedoms, using the court system, and the constitution of Canada and

its purpose.

Module 2 Tort law and professional liabilityStudent performance on this module was satisfactory. Students had difficulty with questions relating to

factors affecting an award of damages for negligence and the distinction between general negligence and

professional negligence.

Module 3 Formation of the contractual relationship 1

Student performance on this module was unsatisfactory. Students had difficulty with questions relating tothe requirements for a valid offer and the definition of consideration.

Module 4 Formation of the contractual relationship 2Student performance on this module was satisfactory. Students had difficulty with the intention to create

legal relations and the requirement of writing.

Module 5 Interpreting the contract and interpreting the contractual relationshipStudent performance on this module was satisfactory. Students had difficulty with the doctrine of

frustration, mistake, and remedies for breach of contract.

Module 6 Special cont racts: Sales

Student performance on this module was excellent. Students had difficulty with a question relating to therules for transfer of risk and title under the Sale of Goods Act.

Module 7 Special contracts: Insurance and employmentStudent performance on this module was satisfactory. Students had difficulty with questions relating toremedies available to terminated employees, insurable interests, and the requirement of good faith in

insurance contracts.

Continued...

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LW1M12 CGA-Canada, 2012

Module 8 Debtor and creditor relationsStudent performance on this module was poor. Students had difficulty with question relating to the

purpose of the Personal Property Security Acts and the requirements for gaining priority to goods subject

to the Personal Property Security Acts, and the administration and settlement of a bankrupts affairs.

Module 9 Business organizations: Agency and partnershipStudent performance on this module was satisfactory. Students had difficulty with questions relating to the

formation of a partnership and the responsibilities of retiring partners.

Module 10 Business organizations: CorporationsStudent performance on this module was unsatisfactory. Students had difficulty with the nature of the

corporation, the contractual capacities of a corporation (including the indoor management rule), and the

rights of shareholders and their remedies.