Question 1

Which of the following statements correctly illustrate a legal signature for online commercial transactions?
A) Clicking an "I Reject" dialogue box.
B) Signing your name at the bottom of a standard form, and then not mailing it to the business.
C) Opening an online shopping basket and adding several items to the basket.
D) Attaching an electronic signature to an electronic document.
E) Attaching a signature on your computer screen.

Accepted Answer

Attaching an electronic signature to an electronic document is a legally recognized way to provide a signature for online commercial transactions. This can be done using various methods such as a digital signature, a scanned image of a handwritten signature, or a typed signature. The other options listed do not provide a clear and recognized signature for legal purposes.

Question 2

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer,before the consumer enters into an internet agreement,detailed information including which of the following statements?
A) The name of the supplier and, if different, the name under which the supplier carries on business.
B) The telephone number of the supplier, and the address of the premises from which the supplier conducts business.
C) The consumer need be notified of any cancellation, return, exchange, or refund conditions.
D) An itemized list of the prices, including taxes and shipping charges, at which the goods and services are proposed to be supplied to the consumer.
E) All of the above statements are included.

Accepted Answer

All of the statements listed (A, B, C, and D) are required to be disclosed to the consumer before entering into an internet agreement according to the Ontario Consumer Protection Act.

Question 3

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?
A) Whether the website that posted the comments has a local server.
B) Whether the defendant owns the ISP that posted the comments.
C) Whether the plaintiff suffered any harm where the comment was posted.
D) Whether there is a sufficient connection between the defamation and the jurisdiction for the case to be heard.
E) Whether the defendant only intended for a local audience to view the comments.

Accepted Answer

The key factor for determining jurisdiction in online defamation cases is whether there is a sufficient connection between the alleged defamation and the jurisdiction. Factors such as the location of the website's server or the intention of the defendant for a local audience are not as relevant as the connection to the jurisdiction. The harm suffered by the plaintiff may be relevant, but it is not the primary factor in determining jurisdiction. The ownership of the ISP is also not relevant.

Question 4

With regard to internet jurisdiction,the courts have identified eight factors in determining a real or substantial connection.Which of the following statements is false?
A) There need be a connection between the forum and the plaintiff's claim.
B) There need be neither an unfairness to the plaintiff nor the defendant in assuming jurisdiction.
C) The courts will consider the involvement of the parties to the suit in determining jurisdiction.
D) The courts will not consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere.
E) The courts will consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere.

Accepted Answer

This statement is false as the courts do consider the standards of jurisdiction, recognition, and enforcement prevailing elsewhere. The other statements are true: A) There needs to be a connection between the forum and the plaintiff's claim. B) There should be no unfairness to either party in assuming jurisdiction. C) The involvement of the parties is considered in determining jurisdiction.

Question 5

Which of the following statements regarding the registration of domain names and trademarks is true?
A) The registration of domain names overrules trademark law.
B) A business is entitled to its own unique domain name regardless of trademark law.
C) Where trademarks are infringed, it will be no defence to show that the offender registered a domain name.
D) Registration of domain name precludes someone from registering a trademark.
E) The Canadian Internet Registration Authority determines whether a domain name constitutes trademark infringement.

Accepted Answer

Registering a domain name does not give a business the right to infringe on someone else's trademark. Infringing on a trademark is still prohibited even if the infringement involves a domain name registration.

Answer: E 
 The Canadian Internet Registration Authority (CIRA) is responsible for managing the registration of domain names in Canada. While they may monitor for potential trademark infringement when evaluating applications for domain names, it is not their responsibility to determine whether a domain name constitutes trademark infringement.

Question 6

Joe sends Sanjay an offer via email from his Toronto office.The offer contains a provision indicating the offer expires at 5:00 p.m.Toronto time.Sanjay,who lives in Vancouver,replies accepting Joe's offer at 4:00 p.m.Vancouver time.Joe received Sanjay's email acceptance at 9:00a.m.the next day.Which of the following statements is true? (Note the three-hour time difference between Toronto and Vancouver.)
A) Joe and Sanjay had a binding contract, since Sanjay had accepted by 4:00 p.m. Vancouver time.
B) Once Sanjay had sent the email, a binding contract had been formed, regardless of what time Joe received the email.
C) Joe's offer had expired.
D) The contract became binding once Joe had made the offer.
E) A binding contract had been formed once Joe opened Sanjay's email acceptance the next day.

Accepted Answer

Joe's offer explicitly stated that it expired at 5:00 p.m. Toronto time. Sanjay's acceptance at 4:00 p.m. Vancouver time, which is 7:00 p.m. Toronto time, was therefore not within the timeframe of the offer and cannot form a binding contract. Therefore, the offer had expired before Sanjay could accept it. None of the other options are correct because they either ignore the time limit in the offer or assume a binding contract even though the offer had expired.

Question 7

Which of the following statements would be true with regard to the Uniform Electronic Commerce Act (UECA)?
A) A password or encryption does not authenticate an electronic document.
B) The use of electronic documents is not allowed with regards to online purchase of goods.
C) The UECA changes the law with respect to the requirement of written documents and signatures.
D) A signature equivalent may be a password or some other form of encryption.
E) An offer will be accepted and a contract formed only when the offer is sent and accepted by snail mail, and not email.

Accepted Answer

The answer of Which of the following statements would be...

Question 8

Which of the following statements regarding cybersquatting is true?
A) Similar domain names are registered just to sell them to others or so that visitors making slight but expected mistakes are intercepted and redirected to a competing business.
B) A business is entitled to its own unique domain name regardless who registered it first.
C) Businesses that did not register their domain name, have no recourse against someone else appropriating their name and registering it first.
D) Registration of domain name precludes someone from registering a similar name to confuse visitors of their business website.
E) Cybersquatters capture domain names that rightfully belong to no one.

Accepted Answer

Cybersquatting involves registering domain names similar or identical to those of established businesses or brands solely to profit from their popularity, redirect visitors to a competing business or sell the domain name back to the business at an inflated price.

B, C, D, and E are incorrect. B is incorrect because the entitlement to a domain name depends on several factors, including trademark ownership and registration, and when the domain was first registered. C is incorrect because businesses do have legal recourse against cybersquatters, such as filing a complaint under the Uniform Domain-Name Dispute-Resolution Policy (UDRP). D is incorrect because registration of a domain name does not necessarily preclude someone from registering a similar name, although it may be grounds for a complaint under the UDRP. E is incorrect because cybersquatters exploit domain names that are popular or valuable, not those that have no rightful owner.

Question 9

With regard to the internet,which of the following statements is true?
A) Valid laws apply to the internet, and there have been no difficulties in determining what laws apply to the internet and internet transactions.
B) Existing laws go a long way to establish rights and obligations for the parties doing business online, but the protection and enforcement of those rights can be an insurmountable problem.
C) Determining where an action should be brought has not presented any legal problems.
D) Regulatory steps have been taken to overcome all problems associated with jurisdictional issues.
E) Judicial action is allowed only if the person being sued is a resident of that jurisdiction.

Accepted Answer

While laws do apply to the internet, there are difficulties in determining which laws apply to the internet and internet transactions. Existing laws have established rights and obligations for online business, but enforcing those rights can be a problem. Jurisdictional issues can also arise when determining where an action should be brought. Judicial action is not limited to the jurisdiction of the defendant's residence.

Question 10

You decide to register a domain name "Delicious_breads_R_us.com",although you neither own a bakery nor have any legitimate use for the domain name.Subsequently you receive a complaint alleging that you have registered the name in bad faith.The complainant does not hold a registered trademark in the name nor do they have a domain name registered,but they have used the business name "Breads R Us" for many years.Which of the following statements is true?
A) You have a real property right in the name.
B) You are a cybersquatter.
C) Your domain name dispute must be litigated in court.
D) You can claim good faith justification for your the use of your domain name.
E) The complainant does not have any legitimate claim on the domain name.

Accepted Answer

Registering a domain name that you have no legitimate use for is known as cybersquatting. In this scenario, the complainant has been using the business name "Breads R Us" for many years, and the domain name you registered is quite similar to their business name. Therefore, the complainant has a valid claim of bad faith registration against you.

Question 11

In the context of employment and use of the internet,which of the following is true?
A) Email should be encouraged over other forms of communication, because it is inherently private.
B) Employers can be liable when their employees misuse the internet.
C) An employer need not have a clear and comprehensive policy prohibiting misuse of company resources such as the internet.
D) Employers are not required to notify employees when their use of company resources may be subject to monitoring.
E) Viewing an employee's Facebook account is considered a criminal offence.

Accepted Answer

Employers can be held liable for the actions of their employees on the internet, therefore it is important for employers to have clear and comprehensive policies in place to prevent misuse of company resources. Additionally, employers may monitor employee internet usage as long as they provide notice to the employees beforehand. However, viewing an employee's personal social media account without their consent may violate privacy laws.

Question 12

Electronic commerce (Ecommerce)legislation
A) consists of the laws regulating the internet and internet transactions.
B) consists of the digital communication between government agencies.
C) consists of the laws of what jurisdiction should apply to internet transactions.
D) specifies the time and place of the formation of electronic contracts.
E) consists of the laws to restrict internet gambling, pornography, and defamatory material.

Accepted Answer

The answer of Electronic commerce (Ecommerce)legislation
A) consists of the laws...

Question 13

With regard to internet jurisdiction,which of the following statements is true?
A) Every jurisdiction has a different set of laws, and each internet user should conform to the local laws of each nation, state, or province.
B) Many jurisdictions have passed long-arm statutes allowing them to take jurisdiction only if the person being sued is a resident of that jurisdiction.
C) Valid laws apply to the internet, and there have been no difficulties in determining what laws apply to the internet and internet transactions.
D) Canadian courts are willing to find jurisdiction where there is a degree of interactivity and substantial connection between the act complained of and the province.
E) Judicial action is allowed only if the person being sued is a resident of that jurisdiction and directly involved.

Accepted Answer

The statement that Canadian courts are willing to find jurisdiction where there is a degree of interactivity and substantial connection between the act complained of and the province is true. The other statements are inaccurate or untrue. Internet jurisdiction is a complex issue as it involves determining which laws apply to internet transactions and where legal action can be taken. Different jurisdictions may have different laws, and long-arm statutes may allow courts to take jurisdiction even if the person being sued is not a resident of that jurisdiction. However, there can be difficulties in determining which laws apply to internet activities, especially in cases where activities take place across multiple jurisdictions.

Question 14

Which of the following statements regarding online transactions is true?
A) Conducting transactions online negates the need to satisfy the normal requirements of a contract.
B) The postbox rule applies to both non-instantaneous and instantaneous methods of communication.
C) Common law has established the equivalency of electronic documents to written ones.
D) Electronic signatures are not effective in determining the capacity of the parties entering into a contract.
E) Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement.

Accepted Answer

Clicking an "I Accept" button may constitute valid acceptance of the terms of an agreement. This is often referred to as a "click-wrap" agreement, and courts have generally upheld the validity of such agreements as long as the user has had an opportunity to review the terms and conditions before accepting. The other statements are not true. Conducting transactions online still requires the parties to enter into a valid contract and satisfy the requirements of offer, acceptance, consideration, and intent. The postbox rule only applies to non-instantaneous methods of communication, and common law has not universally established the equivalency of electronic documents to written ones. Finally, electronic signatures can be effective in determining the capacity of the parties entering into a contract, as long as the electronic signature meets certain legal requirements.

Question 15

When a judgment is obtained against a foreign service provider,which of the following statements is true?
A) If the service provider has no assets in the foreign jurisdiction or if there is no treaty in place to allow for enforcement, enforcement continues to be a substantial threat.
B) If the service provider has assets in the foreign jurisdiction or there are treaties in place to allow for enforcement, enforcement continues to be a substantial threat, but generally only if the conduct complained of is actionable in both jurisdictions.
C) Since the service provider resides in a foreign jurisdiction, there is no threat of enforcement.
D) Since the judgment is obtained in a different jurisdiction, the business or individual may be extradited to face criminal charges.
E) If the service provider has assets in the foreign jurisdiction or there are treaties in place to allow for enforcement, enforcement continues to be a substantial threat, no matter if the conduct complained of is actionable in only one jurisdiction.

Accepted Answer

If the service provider has assets in the foreign jurisdiction or there are treaties in place to allow for enforcement, enforcement continues to be a substantial threat, but generally only if the conduct complained of is actionable in both jurisdictions. It is important to note that enforcement may still be difficult even if there are assets or treaties in place due to differences in legal systems, language barriers, and other obstacles.

Question 16

A Canadian company published an article on the internet defaming an Australian resident.The Australian resident brought action against the Canadian company.With regard to internet jurisdiction,which of the following statements is true?
A) The Canadian company's appropriate defence would be to point out that it is impossible to know and comply with the laws of every jurisdiction, and that the company is therefore not liable.
B) Since the plaintiff lived in Australia, and the harm was done in that country, there is no connection between the defamation and Canada, and appropriately there is no jurisdiction.
C) Since the company was Canadian, the most convenient jurisdiction would be the province in which the Canadian company resides.
D) Since the plaintiff lived in Australia, and the defendant was based in Canada, a third neutral country would be the appropriate jurisdiction.
E) Since the plaintiff lived in Australia, and the harm was done in that country, there is a sufficient connection between the defamation and that country, and the case would be heard in an Australian court.

Accepted Answer

In cases of online defamation, the appropriate jurisdiction is usually where the harm was done, which in this case is Australia since the defamatory article was published online and accessible to residents in Australia. Therefore, the case would be heard in an Australian court. Option A is not a valid defence as companies are expected to comply with the laws of the countries they operate in. Option B is incorrect as the fact that the defamatory material was published in Canada connects it to Canadian jurisdiction. Option C is not necessarily true as the most convenient jurisdiction may not always be where the defendant resides. Option D is also not necessarily true and would depend on the specific circumstances of the case.

Question 17

With regard to the Ontario Consumer Protection Act ,which of the following statements is true?
A) The Act specifically provides that the rights set out in it apply only if the consumer resides in Ontario.
B) The Act specifically provides that the rights set out in it apply only if the seller resides in Ontario at the time of the transaction.
C) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located in Ontario at the time of the transaction.
D) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party is located anywhere in Canada at the time of the transaction.
E) The Act specifically provides that the rights set out in it apply to all consumer transactions where the consumer or the other party are Canadian residents.

Accepted Answer

The Ontario Consumer Protection Act applies to all consumer transactions where the consumer or the other party is located in Ontario at the time of the transaction. It does not specify that the consumer or the other party must be Ontario residents, or that the seller must reside in Ontario. It also does not apply to all consumer transactions in Canada, as each province and territory in Canada has its own consumer protection laws.

Question 18

The objective,in Canada,of the Uniform Electronic Commerce Act (UECA)is primarily
A) to define what constitutes a violation of privacy.
B) to restrict internet gambling.
C) to make electronic documents and signatures as binding on parties as written ones.
D) to provide a series of remedies for internet commerce retail abuses primarily from "offshore" enterprises.
E) to restrict internet pornography.

Accepted Answer

The UECA's primary objective is to promote the use of electronic commerce by giving legal recognition to electronic transactions and by treating electronic documents and signatures as legally binding. It provides a consistent legal framework for electronic commerce across Canada and makes sure that electronic signatures are as binding as written ones. The other options mentioned in the question (violations of privacy, internet gambling, retail abuses, and pornography) are not the main focus of the UECA.

Question 19

With regard to the National Do Not Call List registry (National DNCL),which of the following statements is true?
A) The registry enables consumers to reduce the number of unsolicited bulk email they receive by making a single registration.
B) The registry requires consumers to register only once to avoid all future unsolicited phone calls.
C) The registry enables consumers to reduce the number of unsolicited phone calls they receive by making a single registration.
D) The registry enables consumers to reduce the number of unsolicited internet pop-up ads they receive by making a single registration.
E) The registry requires telemarketers to operate and maintain the national DNCL.

Accepted Answer

The National Do Not Call List registry (National DNCL) enables consumers to reduce the number of unsolicited phone calls they receive by making a single registration. It does not address email or pop-up ads. It is the responsibility of telemarketers to operate and maintain the national DNCL.

Question 20

When a business or employer provides access to its website for discussion forums,the following statement is correct.
A) All email communications are considered private, and are therefore exempt from any defamation actions.
B) The employer is not liable if the employee uses email and does not post the offensive comments on the website.
C) Businesses or employees cannot be held criminally responsible for offending communications made.
D) The employee only is held liable for any offensive comments made.
E) The business or employer may be held liable for any defamation or otherwise offensive statements made by its employees.

Accepted Answer

The business or employer may be held liable for any defamation or otherwise offensive statements made by its employees because the website is provided by the employer and is considered as a space provided by the employer. The employer has a responsibility to monitor the content being posted on their website and take necessary action against any defamatory or offensive comments made by their employees.

Quiz 14: Information Technology and the Internet

Which of the following statements correctly illustrate a legal signature for online commercial transactions?

The Ontario Consumer Protection Act requires that the supplier disclose to the consumer,before the consumer enters into an internet agreement,detailed information including which of the following statements?

Which of the following statements are relevant to determining the appropriate jurisdiction for litigation arising from online defamation?

With regard to internet jurisdiction,the courts have identified eight factors in determining a real or substantial connection.Which of the following statements is false?

Which of the following statements regarding the registration of domain names and trademarks is true?

Which of the following statements would be true with regard to the Uniform Electronic Commerce Act (UECA) ?

Which of the following statements regarding cybersquatting is true?

With regard to the internet,which of the following statements is true?

In the context of employment and use of the internet,which of the following is true?

Electronic commerce (Ecommerce) legislation

With regard to internet jurisdiction,which of the following statements is true?

Which of the following statements regarding online transactions is true?

When a judgment is obtained against a foreign service provider,which of the following statements is true?

A Canadian company published an article on the internet defaming an Australian resident.The Australian resident brought action against the Canadian company.With regard to internet jurisdiction,which of the following statements is true?

With regard to the Ontario Consumer Protection Act ,which of the following statements is true?

The objective,in Canada,of the Uniform Electronic Commerce Act (UECA) is primarily

With regard to the National Do Not Call List registry (National DNCL) ,which of the following statements is true?

When a business or employer provides access to its website for discussion forums,the following statement is correct.