Question 1

An invitee is a person permitted by the occupier to enter the premises for business purposes,for example a shopper.

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 public 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 public 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

Prior to the legislative changes in Canada with respect to contributory negligence,if a plaintiff contributed in any way to her or his own loss the action would fail.Statutes now require courts to

Accepted Answer

A) determine if the plaintiff's degree of fault exceeds the defendant's degree of fault as a pre-condition to dismissing the action. 
B) apportion damages according to the respective degree of responsibility of the parties. 
C) find against the most liable defendant. 
D) follow strictly the responsibility chart set out in the statute. 
E) always find full responsibility against the defendant that committed the first wrong in a chain of wrongs. 
A) determine if the plaintiff's degree of fault exceeds the defendant's degree of fault as a pre-condition to dismissing the action. 
B) apportion damages according to the respective degree of responsibility of the parties. 
C) find against the most liable defendant. 
D) follow strictly the responsibility chart set out in the statute. 
E) always find full responsibility against the defendant that committed the first wrong in a chain of wrongs.

Question 4

Explain the concept of absolute privilege and its application.

Accepted Answer

Absolute privilege provides complete imm

Question 5

An occupier has no liability whatsoever to a trespasser.

Accepted Answer

A) True 
 B)False

Question 6

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

Accepted Answer

An occupier or owner of premises owes a

Question 7

What do we mean when we say that damage is remote?

Accepted Answer

Damage or injury suffered by a

Question 8

Tort damages are often classified into

Accepted Answer

A) special and exemplary damages. 
B) punitive and exemplary damages. 
C) special and aggravated damages. 
D) punitive and special damages. 
E) general and special damages. 
A) special and exemplary damages. 
B) punitive and exemplary damages. 
C) special and aggravated damages. 
D) punitive and special damages. 
E) general and special damages.

Question 9

For the most part,Canadian courts apply modified principles of negligence to determine liability.Some critics of fault-based systems propose that victims be compensated through "no-fault" government schemes-similar to those already in place relating to motor vehicle accidents and workers compensation.Others argue that the law should impose "strict liability" in all areas in which plaintiffs have traditionally struggled to establish fault,namely,against manufacturers of goods or products.Explain the three bases for awarding compensation to injured parties and the advantages and disadvantages of each.

Accepted Answer

The traditional fault-based system provi

Question 10

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 11

What is the difference between intentional torts and negligence?

Accepted Answer

Intentional torts involve behaviour done

Question 12

An innocent employer is vicariously liable for the negligent acts of an employee.

Accepted Answer

A) True 
 B)False

Question 13

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 14

Joe recently purchased a can of shaving cream from his pharmacy.After shaking the can as directed,Joe pushed the button on top.Suddenly and without warning,the can exploded causing serious injury to Joe.As a result of the explosion,the can of shaving cream was destroyed.In an action by Joe against the manufacturer,the following principle of law will apply

Accepted Answer

A) The shaving cream manufacturer will be held strictly liable for damages caused by the explosion. 
B) The court can infer negligence on the part of the manufacturer on the basis of the circumstantial evidence resulting in a shift of the burden onto the manufacturer to prove that it was not at fault. 
C) Joe will be unable to meet the burden of proof in establishing that the manufacturer was negligent given the destruction of the evidence. 
D) Joe will be found to be contributorily negligent. 
E) The shaving cream manufacturer will be strictly liable for failure to warn. 
A) The shaving cream manufacturer will be held strictly liable for damages caused by the explosion. 
B) The court can infer negligence on the part of the manufacturer on the basis of the circumstantial evidence resulting in a shift of the burden onto the manufacturer to prove that it was not at fault. 
C) Joe will be unable to meet the burden of proof in establishing that the manufacturer was negligent given the destruction of the evidence. 
D) Joe will be found to be contributorily negligent. 
E) The shaving cream manufacturer will be strictly liable for failure to warn.

Exam 4: The Law of Torts

An invitee is a person permitted by the occupier to enter the premises for business purposes,for example a shopper.

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

Prior to the legislative changes in Canada with respect to contributory negligence,if a plaintiff contributed in any way to her or his own loss the action would fail.Statutes now require courts to

Explain the concept of absolute privilege and its application.

An occupier has no liability whatsoever to a trespasser.

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

What do we mean when we say that damage is remote?

Tort damages are often classified into

A tort is

What is the difference between intentional torts and negligence?

An innocent employer is vicariously liable for the negligent acts of an employee.

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

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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