Test Bank For Canadian Business and The Law 4th Edition Duplessis
Test Bank For Canadian Business and The Law 4th Edition Duplessis
Test Bank For Canadian Business and The Law 4th Edition Duplessis
6. Windy Energy Inc. recovered most of its property stolen by a former employee. The employee was
placed on probation and ordered to pay restitution. Which of the following correctly identifies the type
of law that determined the employee’s punishment?
a. Employment law.
b. Business law.
c. Criminal law.
d. Contract law.
ANS: C PTS: 1 DIF: Easy REF: 5
MSC: Analyze
7. Novel Swings Inc. has a contract to begin construction of a school’s swing set on June 15th and work
is to be completed by August 1st. After weeks of wet weather, the ground was unsuitable for work to
begin in June and Novel will not meet the completion deadline. Which of the following best describes
the legal status of the contractual relationship between Novel and the school?
8. Which of the following best describes the outcome of US government reluctance to regulate the
activities of its banks, financial institutions and markets?
10. Which of the following correctly describes the purpose of contract law?
11. After checking regulations, Meat Market Inc. refused an offer of fresh wild bison meat that could be
sold in Meat Market’s chain of butcher shops. Which of the following describes the applicable law
regulating the sale of wild meat in Canada that Meat Market Inc. considered?
12. Mortgage Plus Inc. made outstanding profits selling derivative asset-backed investments based on
subprime mortgage products. Which of the following best describes the incentive to mortgage lenders
to bundle derivative investment products with subprime mortgage loans?
a. Mortgage lenders were able to avoid all risk of loss from borrower default.
b. Borrowers were able to escape consequences of default on payments.
c. Risk of loss to mortgage lenders resulting from borrower default was less.
d. Mortgage lenders could share risk of loss from borrower default.
ANS: A PTS: 1 DIF: Challenging REF: 7
MSC: Evaluate
14. Which of the following describes the contributions a legal contract provides to the business
relationship?
15. Which of the following is a distinguishing characteristic of the influence of law on the business
environment?
16. Which of the following best exemplifies some of the most important contributions the law provides
when facilitating commercial activities?
It will be needless to dwell upon the days that followed. Although the
moments crawled painfully, each week an epoch and each month an
age, very little occurred that is worthy of record. Yet somehow I did
manage to occupy the time—what other course had I, this side of
suicide or madness? As in remembrance of a nightmare, I recall how
sometimes I would toil all the daylight hours to make my cabin snug
and secure; how at other times I would wander across the valley to
the lake shown me by Karem, catching fish with an improvised line,
even though I had first to break through the ice; how, again, I would
idly follow the half-wild goat herds that browsed in remote corners of
the valley; how I would roam the various trails until I had mapped
them all in my mind, and had discovered the only outlet in the
mountains about Sobul—a long, prodigiously deep, torrent-threaded
ravine to the north, which opened into another deserted valley
capped by desolate and serrated snowpeaks. The discovery of this
valley served only to intensify my sense of captivity, for it brought me
visions of mountain after mountain, range after range, bleak and
unpopulated, which stretched away in frozen endless succession.
But the days when I could rove the mountains were days of
comparative happiness. Too often the trails, blocked by the deep soft
drifts or the ice-packs, were impassable for one so poorly equipped
as I; and too often the blizzards raged. Besides, the daylight hours
were but few, since the sun-excluding mountain masses made the
dawn late and the evening early; and often the tedium seemed
unendurable when I sat in my cabin at night, watching the flames
that danced and crackled in the fireplace, and dreaming of Yasma
and the spring, or of things still further away, and old friends and
home. At times, scarcely able to bear the waiting, I would pace back
and forth like a caged beast, back and forth, from the fire to the
woodpile, and from the woodpile to the fire. At other times, more
patient, I would amuse myself by trying to kindle some straw with bits
of flint, or by returning to the ways of my boyhood and whittling sticks
into all manner of grotesque designs. And occasionally, when the
mood was upon me, I would strain my eyes by the flickering log
blaze, confiding my diary to the notebook I had picked up in our old
camp beyond the mountain. For the purposes of this diary, I had but
one pencil, which gradually dwindled to a stub that I could hardly
hold between two fingers—and with the end of the pencil, late in the
winter, the diary also came to a close.
Although this record was written merely as a means of whiling away
the hours and was not intended for other eyes, I find upon opening it
again that it describes my plight more vividly than would be possible
for me after the passage of years; and I am tempted to quote a
typical memorandum.
As I peer at that curiously cramped and tortured handwriting, my
eyes pause at the following:
"Monday, December 29th. Or it may be Tuesday the 30th,
for I fear I have forgotten to mark one of the daily notches
on the cabin walls, by which I keep track of the dates. All
day I was forced to remain in my cabin, for the season's
worst storm was raging. Only once did I leave shelter, and
that was to get water. But the stream was frozen almost
solid, and it was a task to pound my way through the ice
with one of the crude native axes. Meanwhile the gale
beat me in the face till my cheeks were raw; the snow
came down in a mist of pellets that half blinded me; and a
chill crept through my clothes till my very skin seemed
bared to the ice-blast. I was fifteen minutes in thawing
after I had crept back to the cabin. But even within the
cabin there seemed no way to keep warm, for the wind
rushed in through cracks that I could not quite fill; and the
fire, though I heaped it with fuel, was feeble against the
elemental fury outside.
"But the cold would be easier to bear than the loneliness.
There is little to do, almost nothing to do; and I sit
brooding on the cabin floor, or stand brooding near the
fire; and life seems without aim or benefit. Strange
thoughts keep creeping through my mind—visions of a
limp form dangling on a rope from log rafters; or of a half-
buried form that the snow has numbed to forgetfulness.
But always there are other visions to chide and reproach; I
remember a merry day in the woods, when two brown
eyes laughed at me from beneath auburn curls; and I hear
voices that call as if from the future, and see hands that
take mine gently and restrain them from violence. Perhaps
I am growing weak of mind and will, for my emotions flow
like a child's; I would be ashamed to admit—though I
confess it freely enough to the heedless paper—that more
than once, in the long afternoon and the slow dismal
twilight, the tears rolled down from my eyes.
"As I write these words, it is evening—only seven o'clock,
my watch tells me, though I might believe it to be midnight.
The blazes still flare in the fireplace, and I am stretched
full-length on the floor, trying to see by the meager light.
The storm has almost died down; only by fits and starts it
mutters now, like a beast whose frenzy has spent itself.
But other, more ominous sounds fill the air. From time to
time I hear the barking of a jackal, now near, now far;
while louder and more long-drawn and mournful, there
comes at intervals the fierce deep wailing of a wolf,
answered from the remote woods by other wolves, till all
the world seems to resound with a demoniac chorus. Of
all noises I have ever heard, this is to me the most
terrorizing; and though safe within pine walls, I tremble
where I lie by the fire, even as the cave-man may have
done at that same soul-racking sound. I know, of course,
how absurd this is; yet I have pictures of sly slinking feet
that pad silently through the snow, and keen hairy muzzles
that trail my footsteps even to this door, and long gleaming
jaws that open. Only by forcing myself to write can I keep
my mind from such thoughts; but, even so, I shudder
whenever that dismal call comes howling, howling from
the dark, as if with all the concentrated horror and ferocity
in the universe!"
Chapter XII
THE MISTRESS OF THE PEAK
During the long months of solitude I let my gaze travel frequently
toward the southern mountains and Yulada. Like the image of
sardonic destiny, she still stood afar on the peak, aloof and
imperturbable, beckoning and unexplained as always.... And again
she drew me toward her with that inexplicable fascination which had
been my undoing. As when I had first seen her from that other valley
to the south, I felt a curious desire to mount to her, to stand at her
feet, to inspect her closely and lay my hands upon her; and against
that desire neither Yasma's warnings nor my own reason had any
power. She was for me the unknown; she represented the
mysterious, the alluring, the unattained, and all that was most
youthful and alive within me responded to her call.
Yet Yulada was a discreet divinity, and did not offer herself too
readily to the worshipper. Was it that she kept herself deliberately
guarded, careful not to encourage the intruder? So I almost thought
as I made attempt after attempt to reach her. It is true, of course, that
I did not choose the most favorable season; likewise, it is true that I
was exceedingly reckless, for solitary mountain climbing in winter is
hardly a sport for the cautious. But, even so, I could not stamp out
the suspicion that more than natural agencies were retarding me.
My first attempt occurred but a week after Yasma's departure. Most
of the recent snow had melted from the mountain slopes, and the
temperature was so mild that I foresaw no exceptional difficulties. I
had just a qualm, I must admit, about breaking my word to Yasma—
but had the promise not been extorted by unfair pleas? So, at least, I
reasoned; and, having equipped myself with my goatskin coat, with a
revolver and matches, and with food enough to last overnight if need
be, I set out early one morning along one of the trails I had followed
with Karem.
For two hours I advanced rapidly enough, reaching the valley's end
and mounting along a winding path amid pine woods. The air was
brisk and invigorating, the sky blue and clear; scarcely a breeze
stirred, and scarcely a cloud drifted above. From time to time,
through rifts in the foliage, I could catch glimpses of my goal, that
gigantic steel-gray womanly form with hands everlastingly pointed
toward the clouds and the stars. She seemed never to draw nearer,
though my feet did not lag in the effort to reach her; but the day was
still young, and I was confident that long before sunset I should meet
her face to face.
Then suddenly my difficulties began. The trail became stonier and
steeper, though that did not surprise me; the trail became narrower
and occasionally blocked with snow, though that did not surprise me
either; great boulders loomed in my way, and sometimes I had to
crawl at the brink of a ravine, though that again I had expected. But
the real obstacle was not anticipated. Turning a bend in the wooded
trail, I was confronted with a sheer wall of rock, a granite mass
broken at one end by a sort of natural stairway over which it seemed
possible to climb precariously. I remembered how Karem and I had
helped one another up this very ascent, which was by no means the
most difficult on the mountain; but in the past month or two its aspect
had changed alarmingly. A coating of something white and glistening
covered the rock; in places the frosty crystals had the look of a
frozen waterfall, and in places the icicles pointed downward in long
shaggy rows.
Would it be possible to pass? I could not tell, but did not hesitate to
try; and before long I had an answer. I had mounted only a few yards
when my feet gave way, and I went sprawling backward down the
rocky stair. How near I was to destruction I did not know; the first
thing I realized was that I was clinging to the overhanging branch of
a tree, while beneath me gaped an abyss that seemed bottomless.
A much frightened but a soberer man, I pulled myself into the tree,
and climbed back to safety. As I regained the ground, I had a
glimpse of Yulada standing silently far above, with a thin wisp of
vapor across her face, as if to conceal the grim smile that may have
played there. But I had seen enough of her for one day, and slowly
and thoughtfully took my way back to the valley.
From that time forth, and during most of the winter, I had little
opportunity for further assaults upon Yulada. If that thin coat of
November ice had been enough to defeat me, what of the more
stubborn ice of December and the deep drifts of January snow?
Even had there not been prospects of freezing to death among the
bare, wind-beaten crags, I should not have dared to entrust myself to
the trails for fear of wolf-packs. Yet all winter Yulada stared
impassively above, a mockery and a temptation—the only thing in
human form that greeted me during those interminable months!
I shall pass over the eternities between my first attempt upon Yulada
in November and my more resolute efforts in March. But I must not
forget to describe my physical changes. I had grown a bushy brown
beard, which hid my chin and upper lip and spread raggedly over my
face; my hair hung as long and untended as a wild man's; while from
unceasing exertions in the open, my limbs had developed a strength
they had never known before, and I could perform tasks that would
have seemed impossible a few months earlier.
Hence it was with confidence that I awaited the spring. Daily I
scanned the mountains after the first sign of a thaw in the streams; I
noted how streaks and furrows gradually appeared in the white of
the higher slopes; how the gray rocky flanks began to protrude, first
almost imperceptibly, then more boldly, as though casting off an
unwelcome garb, until great mottled patches stood unbared to the
sunlight. Toward the middle of March there came a week of
unseasonably warm days, when the sun shone from a cloudless sky
and a new softness was in the air. And then, when half the winter
apparel of the peaks was disappearing as at a magic touch and the
streams ran full to the brim and the lake overflowed, I decided to pay
my long-postponed visit to Yulada.
Almost exultantly I set forth early one morning. The first stages of the
climb could hardly have been easier; it was as though nature had
prepared the way. The air was clear and stimulating, yet not too cool;
and the comparative warmth had melted the last ice from the lower
rocks. Exhilarated by the exercise, I mounted rapidly over slopes that
would once have been a formidable barrier. Still Yulada loomed afar,
with firm impassive face as always; but I no longer feared her, for
surely, I thought, I should this day touch her with my own hands! As I
strode up and up in the sunlight, I smiled to remember my old
superstitions—what was Yulada after all but a rock, curiously shaped
perhaps, but no more terrifying than any other rock!
Even when I had passed the timber-line, and strode around the blue-
white glaciers at the brink of bare ravines, I still felt an unwonted
bravado. Yulada was drawing nearer, noticeably nearer, her features
clear-cut on the peak—and how could she resist my coming? In my
self-confidence, I almost laughed aloud, almost laughed out a
challenge to that mysterious figure, for certainly the few intervening
miles could not halt me!
So, at least, I thought. But Yulada, if she were capable of thinking,
must have held otherwise. Even had she been endowed with reason
and with omnipotence, she could hardly have made a more terrible
answer to my challenge. I was still plodding up the long, steep
grades, still congratulating myself upon approaching success, when I
began to notice a change in the atmosphere. It was not only that the
air was growing sharper and colder, for that I had expected; it was
that a wind was rising from the northwest, blowing over me with a
wintry violence. In alarm, I glanced back—a stone-gray mass of
clouds was sweeping over the northern mountains, already casting a
shadow across the valley, and threatening to enwrap the entire
heavens.
Too well I recognized the signs—only too well! With panicky speed,
more than once risking a perilous fall, I plunged back over the path I
had so joyously followed. The wind rose till it blew with an almost
cyclonic fury; the clouds swarmed above me, angry and ragged-
edged; Yulada was forgotten amid my dread visions of groping
through a blizzard. Yet once, as I reached a turn in the trail, I caught
a glimpse of her standing far above, her lower limbs overshadowed
by the mists, her head obscured as though thus to mock my temerity.
And what if I did finally return to my cabin safely? Before I had
regained the valley, the snow was whirling about me on the arms of
the high wind, and the whitened earth, the chill air and the
screeching gale had combined to accentuate my sense of defeat.
It might be thought that I would now renounce the quest. But there is
in my nature some stubbornness that only feeds on opposition; and
far from giving up, I watched impatiently till the storm subsided and
the skies were washed blue once more; till the warmer days came
and the new deposits of snow thawed on the mountain slopes. Two
weeks after being routed by the elements, I was again on the trail to
Yulada.
The sky was once more clear and calm; a touch of spring was in the
air, and the sun was warmer than in months. Determined that no
ordinary obstacle should balk me, I trudged with scarcely a pause
along the winding trail; and, before many hours, I had mounted
above the last fringe of the pines and deodars. At last I reached the
point where I had had to turn back two weeks ago; at last I found
myself nearer to the peak than ever before on all my solitary
rambles, and saw the path leading ahead over bare slopes and
around distorted crags toward the great steel-gray figure. The
sweetness of triumph began to flood through my mind as I saw
Yulada take on monstrous proportions, the proportions of a fair-sized
hill; I was exultant as I glanced at the sky, and observed it to be still
serene. There remained one more elevated saddle to be crossed,
then an abrupt but not impossible grade of a few hundred yards—
probably no more than half an hour's exertion, and Yulada and I
should stand together on the peak!
But again the unexpected was to intervene. If I had assumed that no
agency earthly or divine could now keep me from my goal, I had
reckoned without my human frailties. It was a little thing that
betrayed me, and yet a thing that seemed great enough. I had
mounted the rocky saddle and was starting on a short descent
before the final lap, when enthusiasm made me careless. Suddenly I
felt myself slipping!
Fortunately, the fall was not a severe one; after sliding for a few
yards over the stones, I was stopped with a jolt by a protruding rock.
Somewhat dazed, I started to arise ... when a sharp pain in my left
ankle filled me with alarm. What if a tendon had been sprained?
Among these lonely altitudes, that might be a calamity! But when I
attempted to walk, I found my injury not quite so bad as I had feared.
The ankle caused me much pain, yet was not wholly useless; so that
I diagnosed the trouble as a simple strain rather than a sprain.
But there could be no further question of reaching Yulada that day.
With a bitter glance at the disdainful, indomitable mistress of the
peak, I started on my way back to Sobul. And I was exceedingly
lucky to get back at all, for my ankle distressed me more and more
as I plodded downward, and there were moments when it seemed as
if it would not bear me another step.
So slowly did I move that I had to make camp that evening on the
bare slopes at the edge of the forest; and it was not until late the
following day that I re-entered the village. And all during the return
trip, when I lay tossing in the glow of the campfire, or when I clung to
the wall-like ledges in hazardous descents, I was obsessed by
strange thoughts; and in my dreams that night I saw a huge taunting
face, singularly like Yulada's, which mocked me that I should match
my might against the mountain's.
Chapter XIII
THE BIRDS FLY NORTH
It was with a flaming expectation and a growing joy that I watched
the spring gradually burst into blossom. The appearance of the first
green grass, the unfolding of the pale yellowish leaves on the trees,
the budding of the earliest wildflowers and the cloudy pink and white
of the orchards, were as successive signals from a new world. And
the clear bright skies, the fresh gentle breezes, and the birds
twittering from unseen branches, all seemed to join in murmuring the
same refrain: the warmer days were coming, the days of my
deliverance! Soon, very soon, the Ibandru would be back! And
among the Ibandru I should see Yasma!
Every morning now I awakened with reborn hope; and every
morning, and all the day, I would go ambling about the village,
peering into the deserted huts and glancing toward the woods for
sign of some welcome returning figure. But at first all my waiting
seemed of no avail. The Ibandru did not return; and in the evening I
would slouch back to my cabin in dejection that would always make
way for new hope. Day after day passed thus; and meantime the last
traces of winter were vanishing, the fields became dotted with
waving rose-red and violet and pale lemon tints; the deciduous trees
were taking on a sturdier green; insects began to chirp and murmur
in many a reviving chorus; and the woods seemed more thickly
populated with winged singers.
And while I waited and still waited, insidious fears crept into my
mind. Could it be that the Ibandru would not return at all?—that
Yasma had vanished forever, like the enchanted princess of a fairy
tale?
But after I had tormented myself to the utmost, a veil was suddenly
lifted.
One clear day in mid-April I had strolled toward the woods, forgetting
my sorrows in contemplating the green spectacle of the valley.
Suddenly my attention was attracted by a swift-moving triangle of
black dots, which came winging across the mountains from beyond
Yulada, approaching with great speed and disappearing above the
white-tipped opposite ranges. I do not know why, but these birds—
the first I had observed flying north—filled me with an unreasonable
hope; long after they were out of sight I stood staring at the blue sky
into which they had faded, as though somehow it held the secret at
which I clutched.
I was aroused from my reveries by the startled feeling that I was no
longer alone. At first there was no clear reason for this impression; it
was as though I had been informed by some vague super-sense.
Awakened to reality, I peered into the thickets, peered up at the sky,
scanned the trees and the earth alertly—but there was no sight or
sound to confirm my suspicions. Minutes passed, and still I waited,
expectant of some unusual event....
And then, while wonder kept pace with impatience, I thought I heard
a faint rustling in the woods. I was not sure, but I listened intently....
Again the rustling, not quite so faint as before ... then a crackling as
of broken twigs! Still I was not sure—perhaps it was but some tiny
creature amid the underbrush. But, even as I doubted, there came
the crunching of dead leaves trodden under; then the sound—
unmistakably the sound—of human voices whispering!
My heart gave a thump; I was near to shouting in my exultation.
Happy tears rolled down my cheeks; I had visions of Yasma
returning, Yasma clasped once more in my arms—when I became
aware of two dark eyes staring at me from amid the shrubbery.
"Karem!" I cried, and sprang forward to seize the hands of my friend.
Truly enough, it was Karem—Karem as I had last seen him, Karem
in the same blue and red garments, somewhat thinner perhaps, but
otherwise unchanged!
He greeted me with an emotion that seemed to match my own. "It is
long, long since we have met!" was all he was able to say, as he
shook both my hands warmly, while peering at me at arm's length.
Then forth from the bushes emerged a second figure, whom I
recognized as Julab, another youth of the tribe. He too was effusive
in his greetings; he too seemed delighted at our reunion.
But if I was no less delighted, it was not chiefly of the newcomers
that I was thinking. One thought kept flashing through my mind, and I
could not wait to give it expression. How about Yasma? Where was
she now? When should I see her? Such questions I poured forth in a
torrent, scarcely caring how my anxiety betrayed me.
"Yasma is safe," was Karem's terse reply. "You will see her before
long, though just when I cannot say."
And that was the most definite reply I could wrench from him. Neither
he nor Julab would discuss the reappearance of their people; they
would not say where they had been, nor how far they had gone, nor
how they had returned, nor what had happened during their
absence. But they insisted on turning the conversation in my
direction. They assured me how much relieved they were to find me
alive and well; they questioned me eagerly as to how I had passed
my time; they commented with zest upon my changed appearance,
my ragged clothes and dense beard; and they ended by predicting
that better days were in store.
More mystified than ever, I accompanied the two men to their cabins.
"We must make ready to till the fields," they reminded me, as we
approached the village, "for when the trees again lose their leaves
there will be another harvest." And they showed me where, unknown
to me, spades and shovels and plows had been stored in waterproof
vaults beneath the cabins; and they surprised me by pointing out the
bins of wheat and sacks of nuts and dried fruits, preserved from last
year's produce and harbored underground, so that when the people
returned to Sobul they might have full rations until the ripening of the
new crop.
Before the newcomers had been back an hour, they were both hard
at work in the fields. I volunteered my assistance; and was glad to be
able to wield a shovel or harrow after my long aimless months. The
vigorous activity in the open air helped to calm my mind and to drive
away my questionings; yet it could not drive them away wholly, and I
do not know whether my thoughts were most on the soil I made
ready for seeding or on things far-away and strange. Above all, I
kept thinking of Yasma, kept remembering her in hope that
alternated with dejection. Could it be true, as Karem had said, that I
was to see her soon? Surely, she must know how impatiently I was
waiting! She would not be the last of her tribe to reappear!
That night I had but little sleep; excited visions of Yasma permitted
me to doze away only by brief dream-broken snatches. But when the
gray of dawn began to creep in through the open window, sheer
weariness forced an hour's slumber; and I slept beyond my usual
time, and awoke to find the room bright with sunlight.
As I opened my eyes, I became conscious of voices without—
murmuring voices that filled me with an unreasoning joy. I peered out
of the window—no one to be seen! Excitedly I slipped on my coat,
and burst out of the door—still no one visible! Then from behind one
of the cabins came the roar of half a dozen persons in hearty
laughter ... laughter that was the most welcome I had ever heard.
I did not pause to ask myself who the newcomers were; did not stop
to wonder whether there were any feminine members of the group. I
dashed off crazily, and in an instant found myself confronted by—five
or six curiously staring men.
I know that I was indeed a sight; that my eyes bulged; that surprise
and disappointment shone in every line of my face. Otherwise, the
men would have been quicker to greet me, for instantly we
recognized each other. They were youths of the Ibandru tribe, all
known to me from last autumn; and they seemed little changed by
their long absence, except that, like Julab and Karem, they appeared
a trifle thinner.
"Are there any more of you here?" I demanded, after the first words
of explanation and welcome. "Are there—are there any—"
Curious smiles flickered across their faces.
"No, it is not quite time yet for the women," one of them replied, as if
reading my thoughts. "We men must come first to break the soil and
put the village in readiness."