Question 1

During parliamentary debate one day,James describes Peter as " a thief and a liar." Peter decides to sue for defamation.James has a defence of absolute privilege.

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) responsible communication on matters of pubic interest 
B) the written or spoken words were true 
C) qualified privilege 
D) the written or spoken words came from someone else first 
E) absolute privilege 
A) responsible communication on matters of pubic interest 
B) the written or spoken words were true 
C) qualified privilege 
D) the written or spoken words came from someone else first 
E) absolute privilege

Question 3

Malicious prosecution concerns the prosecution of crimes and is not a tort.

Accepted Answer

A) True 
 B)False

Question 4

Foreseeability is a major element in the determination of the extent of liability.Explain.

Accepted Answer

Foreseeability is the legal term that me

Question 5

Use this fact situation to answer the related questions that follow. Harry,who owns a home in Toronto,needs a plumber to repair a leaky water pipe,so he calls Marty the plumber.Yesterday it snowed,but Harry did not shovel the snow from his walk and it has now turned to ice.Harry has some salt that he could put on the ice to make it safe,but decides that watching the football game is more important.As Marty arrives at Harry's house,he sees Jonny Star,the local newspaper boy,walk up Harry's walk.Harry told Jonny that he could come over to watch the football game on Harry's brand new HD television.Marty gets out of his truck and begins to go up Harry's walk.Of course,because the walk is covered in ice,both Marty and Jonny slip and fall.Marty breaks his right arm,and Jonny breaks his left ankle.When Harry looks out his window,he sees Marty and Jonny on the ground and notices that although Jonny has rubber winter boots on,Marty is wearing his dress shoes,which have leather soles.
In the fact situation above,Marty is

Accepted Answer

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

Question 6

Use the fact situation in Q3 to answer the related question that follows. If Mary wants to show that the university was negligent,Mary must prove

Accepted Answer

A) that the injuries were a foreseeable result of the failure to repair the hole in the pavement. 
B) that the university breached its duty to repair the hole in the pavement. 
C) that Mary suffered injuries as a result of the failure to repair the hole in the pavement. 
D) that the university owed her a duty to repair the hole in the pavement. 
E) all of the above 
A) that the injuries were a foreseeable result of the failure to repair the hole in the pavement. 
B) that the university breached its duty to repair the hole in the pavement. 
C) that Mary suffered injuries as a result of the failure to repair the hole in the pavement. 
D) that the university owed her a duty to repair the hole in the pavement. 
E) all of the above

Question 7

Strict liability

Accepted Answer

A) absolves the defendant from all liability. 
B) establishes the amount of damages that is payable to an injured party. 
C) requires that the plaintiff strictly prove that the defendant was at fault. 
D) means that liabilities are strictly enforced. 
E) removes the onus on the plaintiff to show that the defendant is at fault. 
A) absolves the defendant from all liability. 
B) establishes the amount of damages that is payable to an injured party. 
C) requires that the plaintiff strictly prove that the defendant was at fault. 
D) means that liabilities are strictly enforced. 
E) removes the onus on the plaintiff to show that the defendant is at fault.

Question 8

Compensation in tort law is not always in the form of damages.

Accepted Answer

A) True 
 B)False

Question 9

An act of omission that is not found to be negligence today may later be found to be negligence.

Accepted Answer

A) True 
 B)False

Question 10

In some cases an otherwise blameless employer may be required at law to compensate victims of criminal acts committed by its employees.

Accepted Answer

A) True 
 B)False

Question 11

Use the fact situation in Q3 to answer the related question that follows. John's action in pushing Mary constitutes

Accepted Answer

A) the tort of assault. 
B) the tort of battery. 
C) the tort of negligence. 
D) the tort of injurious falsehood. 
E) the tort of trespass. 
A) the tort of assault. 
B) the tort of battery. 
C) the tort of negligence. 
D) the tort of injurious falsehood. 
E) the tort of trespass.

Question 12

Michael is employed by James' Groceries.Jim,the owner of Jim's Groceries approaches Michael and convinces Michael to leave James' Groceries and work for Jim's Groceries.James' Groceries may sue Jim's Groceries for

Accepted Answer

A) breach of employer-employee contract. 
B) breach of employee contract. 
C) interference with employee affairs. 
D) breach of contract. 
E) inducing breach of contract. 
A) breach of employer-employee contract. 
B) breach of employee contract. 
C) interference with employee affairs. 
D) breach of contract. 
E) inducing breach of contract.

Question 13

Ted is employed as a computer analyst at Macrotech.His written contract of employment requires him to give his employer 30 days' notice of his intention to terminate the agreement.Macrotech's main competitor,Data Inc. ,attempts to hire Ted away.Data Inc.'s president convinces Ted to accept their employment offer and to leave Macrotech immediately,without providing any notice pursuant to the agreement.Data Inc.has committed the tort of

Accepted Answer

A) passing off. 
B) negligence. 
C) malicious prosecution. 
D) inducing breach of contract. 
A) passing off. 
B) negligence. 
C) malicious prosecution. 
D) inducing breach of contract.

Question 14

Explain how the defence of qualified privilege may be used in a defamation action.

Accepted Answer

The defence of qualified privilege to a

Question 15

The role of tort law is to

Accepted Answer

A) compensate victims for harm suffered from the activities of others. 
B) assist judges by providing rules to determine how much money to pay victims of crime. 
C) punish wrongdoers in the same way that criminal law punishes criminals. 
D) determine who caused a motor vehicle accident. 
E) impose strict rules to prevent the commission of crimes. 
A) compensate victims for harm suffered from the activities of others. 
B) assist judges by providing rules to determine how much money to pay victims of crime. 
C) punish wrongdoers in the same way that criminal law punishes criminals. 
D) determine who caused a motor vehicle accident. 
E) impose strict rules to prevent the commission of crimes.

Question 16

Explain the principle of vicarious liability.

Accepted Answer

Although an employee may be pr

Question 17

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

Accepted Answer

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

Exam 4: The Law of Torts

During parliamentary debate one day,James describes Peter as " a thief and a liar." Peter decides to sue for defamation.James has a defence of absolute privilege.

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

Malicious prosecution concerns the prosecution of crimes and is not a tort.

Foreseeability is a major element in the determination of the extent of liability.Explain.

Use the fact situation in Q3 to answer the related question that follows. If Mary wants to show that the university was negligent,Mary must prove

Strict liability

Compensation in tort law is not always in the form of damages.

An act of omission that is not found to be negligence today may later be found to be negligence.

In some cases an otherwise blameless employer may be required at law to compensate victims of criminal acts committed by its employees.

Use the fact situation in Q3 to answer the related question that follows. John's action in pushing Mary constitutes

Michael is employed by James' Groceries.Jim,the owner of Jim's Groceries approaches Michael and convinces Michael to leave James' Groceries and work for Jim's Groceries.James' Groceries may sue Jim's Groceries for

Explain how the defence of qualified privilege may be used in a defamation action.

The role of tort law is to

Explain the principle of vicarious liability.

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

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

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