Question 1

Even a trespasser is owed a duty of common humanity.Explain.

Accepted Answer

An occupier or owner of premises owes a minimal duty to a trespasser.He or she must not deliberately set out to harm the trespasser or recklessly disregard the possibility that his or her acts might harm the trespasser.

Question 2

Which of the following is NOT a defence to the tort of defamation?

Accepted Answer

A) that the defendant did not mean to harm the plaintiff's reputation 
B) that what the defendant said was true 
C) that the plaintiff's reputation was not damaged 
D) qualified privilege 
E) absolute privilege 
A) that the defendant did not mean to harm the plaintiff's reputation 
B) that what the defendant said was true 
C) that the plaintiff's reputation was not damaged 
D) qualified privilege 
E) absolute privilege A

Question 3

The standard of care in the law of negligence is not a uniform standard.Explain.

Accepted Answer

The law places a duty on each person to take such reasonable care that his or her acts and omissions do not cause foreseeable harm to another.The standard of care,that is the nature and degree of care that the law considers to be reasonable and expects a person to live up to,is not uniform and varies from person to person and from activity to activity.In addition,the court also takes into consideration various factors,such as the likelihood of harm and the potential severity of the injury.Thus,in the case of a medical procedure with potentially serious consequences,the standard of care that the court will expect of a doctor who is a specialist will be higher than the standard it expects of someone who is not a specialist.

Question 4

Distinguish between general and punitive damages.

Accepted Answer

General damages are intended t

Question 5

Use the fact situation in Q8 to answer the related question that follows. In the fact situation above,Harry is

Accepted Answer

A) an occupier. 
B) a licensee. 
C) a trespasser. 
D) an invitee. 
E) a contractual entrant. 
A) an occupier. 
B) a licensee. 
C) a trespasser. 
D) an invitee. 
E) a contractual entrant.

Question 6

There are cases in which a remedy other than damages may be available.What is the difference between a restitutionary order and an injunction?

Accepted Answer

A plaintiff attempting to recover proper

Question 7

In modern times,the basis for liability in tort is

Accepted Answer

A) whether the wrongdoer is able to compensate the victim. 
B) actionable recklessness. 
C) legal carelessness. 
D) criminal wrongdoing. 
E) fault. 
A) whether the wrongdoer is able to compensate the victim. 
B) actionable recklessness. 
C) legal carelessness. 
D) criminal wrongdoing. 
E) fault.

Question 8

Criminal law and tort law focus on different persons when a tort or crime is committed.Explain.

Accepted Answer

Tort law focuses on the victim of a tort

Question 9

An employer who has expressly prohibited certain actions can never be vicariously liable if an employee ignores this prohibition.

Accepted Answer

A) True 
 B)False

Question 10

Use the fact situation in Q3 to answer the related question that follows. If Mary sues the university,among the damages that she will receive if she is able to prove her case are

Accepted Answer

A) general and special damages for pain and suffering and for her broken leg and sprained arm. 
B) general damages for loss of income and medical expenses,etc. 
C) special damages for pain and suffering and for her broken leg and sprained arm. 
D) general and special damages for loss of income and medical expenses,etc. 
E) general damages for pain and suffering and for her broken leg and sprained arm and special damages for loss of income and medical expenses,etc. 
A) general and special damages for pain and suffering and for her broken leg and sprained arm. 
B) general damages for loss of income and medical expenses,etc. 
C) special damages for pain and suffering and for her broken leg and sprained arm. 
D) general and special damages for loss of income and medical expenses,etc. 
E) general damages for pain and suffering and for her broken leg and sprained arm and special damages for loss of income and medical expenses,etc.

Question 11

During a parliamentary debate,Jack accuses Jim of lying to his constituents Jim decides to sue.Which of the following is true?

Accepted Answer

A) Jack has a defence of absolute immunity. 
B) Jack has a defence of qualified privilege. 
C) Jack has a defence of absolute privilege. 
D) Jim may bring an action for negligent misstatement. 
E) Jack's conduct is called libel. 
A) Jack has a defence of absolute immunity. 
B) Jack has a defence of qualified privilege. 
C) Jack has a defence of absolute privilege. 
D) Jim may bring an action for negligent misstatement. 
E) Jack's conduct is called libel.

Question 12

An inmate is able to escape from a local prison because a security guard left a gate open.The jail owes the same duty of care to a local farmer who is assaulted by the inmate minutes later as it does to a gas station owner who operates 750 kilometres away and is robbed three months later.

Accepted Answer

A) True 
 B)False

Question 13

Social policy influences judicial decision-making and legislative intervention in the area of tort law.Explain.

Accepted Answer

Society has certain standards by which i

Question 14

A duty of care may be owed to someone other than the person who is directly injured.

Accepted Answer

A) True 
 B)False

Question 15

A high intensity sound coming from one property and affecting other properties does not constitute the tort of nuisance.

Accepted Answer

A) True 
 B)False

Question 16

Use the fact situation in Q8 to answer the related question that follows. In a lawsuit by Marty and Jonny against Harry for negligence,

Accepted Answer

A) the fact that Marty was wearing shoes with leather soles may be found to be contributory negligence. 
B) the fact that Harry did not shovel his walk or put salt on it will likely not constitute negligence. 
C) the fact that Marty and Jonny should have known that Harry's walk was covered in ice is contributory negligence. 
D) the fact that Jonny was wearing rubber boots will likely be contributory negligence. 
E) the fact that Marty and Jonny should have known that Harry's walk was covered in ice is a voluntary assumption of risk. 
A) the fact that Marty was wearing shoes with leather soles may be found to be contributory negligence. 
B) the fact that Harry did not shovel his walk or put salt on it will likely not constitute negligence. 
C) the fact that Marty and Jonny should have known that Harry's walk was covered in ice is contributory negligence. 
D) the fact that Jonny was wearing rubber boots will likely be contributory negligence. 
E) the fact that Marty and Jonny should have known that Harry's walk was covered in ice is a voluntary assumption of risk.

Question 17

Which of the following statements best explains the standard of care in the law of tort?

Accepted Answer

A) The standard is one that the judge expects. 
B) The standard is one that differs from person to person and activity to activity. 
C) The standard is one that society expects. 
D) The standard is one that the lawyer expects. 
E) The standard is the same for all persons and activities. 
A) The standard is one that the judge expects. 
B) The standard is one that differs from person to person and activity to activity. 
C) The standard is one that society expects. 
D) The standard is one that the lawyer expects. 
E) The standard is the same for all persons and activities.

Question 18

An attack by one person on the reputation of another person constitutes the tort of injurious falsehood.

Accepted Answer

A) True 
 B)False

Question 19

A tort is

Accepted Answer

A) a criminal act. 
B) a misrepresentation. 
C) a breach of contract. 
D) the punishment imposed on a person for a wrongful act done to the person or property of another. 
E) a wrongful act done to the person or property of another. 
A) a criminal act. 
B) a misrepresentation. 
C) a breach of contract. 
D) the punishment imposed on a person for a wrongful act done to the person or property of another. 
E) a wrongful act done to the person or property of another.

Question 20

Exemplary damages are awarded by the court when it intends to

Accepted Answer

A) grant an injunction. 
B) punish the wrongdoer. 
C) compensate the victim for out-of-pocket expenses that can be quantified. 
D) provide compensation for intangible injuries,such as pain and suffering. 
E) compensate the victim's family for the loss of their loved one. 
A) grant an injunction. 
B) punish the wrongdoer. 
C) compensate the victim for out-of-pocket expenses that can be quantified. 
D) provide compensation for intangible injuries,such as pain and suffering. 
E) compensate the victim's family for the loss of their loved one.

Exam 4: The Law of Torts

Even a trespasser is owed a duty of common humanity.Explain.

Which of the following is NOT a defence to the tort of defamation?

The standard of care in the law of negligence is not a uniform standard.Explain.

Distinguish between general and punitive damages.

Use the fact situation in Q8 to answer the related question that follows. In the fact situation above,Harry is

There are cases in which a remedy other than damages may be available.What is the difference between a restitutionary order and an injunction?

In modern times,the basis for liability in tort is

Criminal law and tort law focus on different persons when a tort or crime is committed.Explain.

An employer who has expressly prohibited certain actions can never be vicariously liable if an employee ignores this prohibition.

Use the fact situation in Q3 to answer the related question that follows. If Mary sues the university,among the damages that she will receive if she is able to prove her case are

During a parliamentary debate,Jack accuses Jim of lying to his constituents Jim decides to sue.Which of the following is true?

An inmate is able to escape from a local prison because a security guard left a gate open.The jail owes the same duty of care to a local farmer who is assaulted by the inmate minutes later as it does to a gas station owner who operates 750 kilometres away and is robbed three months later.

Social policy influences judicial decision-making and legislative intervention in the area of tort law.Explain.

A duty of care may be owed to someone other than the person who is directly injured.

A high intensity sound coming from one property and affecting other properties does not constitute the tort of nuisance.

Use the fact situation in Q8 to answer the related question that follows. In a lawsuit by Marty and Jonny against Harry for negligence,

Which of the following statements best explains the standard of care in the law of tort?

An attack by one person on the reputation of another person constitutes the tort of injurious falsehood.

A tort is

Exemplary damages are awarded by the court when it intends to

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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