Question 1

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

Accepted Answer

Damage or injury suffered by a

Question 2

In deciding a legal case, one of the factors the court considers is which party has insurance.

Accepted Answer

A) True 
 B)False

Question 3

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

Question 4

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

Accepted Answer

A) True 
 B)False

Question 5

The duty of a manufacturer is limited to ensuring that defective products are not placed on the market, it does not extend to teaching consumers how to properly use a product that is not defective.

Accepted Answer

A) True 
 B)False

Question 6

A licensee is a person who is permitted by the occupier of premises to enter the premises for business purposes.

Accepted Answer

A) True 
 B)False

Question 7

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 8

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

Accepted Answer

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

Question 9

If Jack says "if the guards were not here, I'd punch you," Jack has

Accepted Answer

A)  committed the tort of battery. 
B)  committed the tort of negligence. 
C)  committed the tort of assault and battery. 
D)  committed the tort of assault. 
E)  not committed a tort. 
A)  committed the tort of battery. 
B)  committed the tort of negligence. 
C)  committed the tort of assault and battery. 
D)  committed the tort of assault. 
E)  not committed a tort.

Question 10

What is the standard of care that an owner or occupier of land owes to a trespasser?

Accepted Answer

The owner or occupier of land owes a min

Question 11

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

Accepted Answer

Foreseeability is the legal term that me

Question 12

To succeed in a negligence action, in addition to showing that the defendant owed the plaintiff a duty of care, and that the defendant breached its duty, the plaintiff must also show that

Accepted Answer

A)  the plaintiff did his or her best to avoid getting injured. 
B)  the defendant has a criminal record. 
C)  the defendant acted in a premeditated manner and intended to cause the plaintiff. 
D)  the defendant is able to compensate him or her. 
E)  the defendant's conduct caused injury to the plaintiff. 
A)  the plaintiff did his or her best to avoid getting injured. 
B)  the defendant has a criminal record. 
C)  the defendant acted in a premeditated manner and intended to cause the plaintiff. 
D)  the defendant is able to compensate him or her. 
E)  the defendant's conduct caused injury to the plaintiff.

Question 13

An invitee is a person who enters premises with the consent of the owner of the premises.

Accepted Answer

A) True 
 B)False

Question 14

During the early development of the common law, the duty of an occupier or owner of premises to persons who came on the premises was dependent on whether the persons were invitees, trespassers and

Accepted Answer

A)  children. 
B)  licensees. 
C)  law enforcement officials. 
D)  public officials. 
E)  thieves or burglars. 
A)  children. 
B)  licensees. 
C)  law enforcement officials. 
D)  public officials. 
E)  thieves or burglars.

Question 15

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

Accepted Answer

A) True 
 B)False

Question 16

Which of the following statements is NOT true?

Accepted Answer

A)  A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary. 
B)  After a manufacturer places a product on the market, its duty towards consumers ends. 
C)  A manufacturer's duty towards consumers continues after it places a product on the market. 
D)  A manufacturer who places a defective product on the market may be liable for negligence. 
E)  A retailer may be liable to the consumer for a defective product. 
A)  A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary. 
B)  After a manufacturer places a product on the market, its duty towards consumers ends. 
C)  A manufacturer's duty towards consumers continues after it places a product on the market. 
D)  A manufacturer who places a defective product on the market may be liable for negligence. 
E)  A retailer may be liable to the consumer for a defective product.

Question 17

The duty of a manufacturer to warn, may be discharged by issuing a warning to learned intermediaries. Explain.

Accepted Answer

A manufacturer has a duty to warn consum

Question 18

The tort of nuisance occurs if

Accepted Answer

A)  an occupier suffers unreasonable interference with use of land 
B)  a landowner violates government regulations 
C)  pollution from industry affects a community 
D)  someone intrudes on the land of another without permission 
E)  none of the above 
A)  an occupier suffers unreasonable interference with use of land 
B)  a landowner violates government regulations 
C)  pollution from industry affects a community 
D)  someone intrudes on the land of another without permission 
E)  none of the above

Question 19

After a manufacturer places a product on the market, it has a continuing obligation to warn consumers of potential dangers.

Accepted Answer

A) True 
 B)False

Question 20

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

Exam 3: The Law of Torts

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

In deciding a legal case, one of the factors the court considers is which party has insurance.

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

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

The duty of a manufacturer is limited to ensuring that defective products are not placed on the market, it does not extend to teaching consumers how to properly use a product that is not defective.

A licensee is a person who is permitted by the occupier of premises to enter the premises for business purposes.

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

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

If Jack says "if the guards were not here, I'd punch you," Jack has

What is the standard of care that an owner or occupier of land owes to a trespasser?

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

To succeed in a negligence action, in addition to showing that the defendant owed the plaintiff a duty of care, and that the defendant breached its duty, the plaintiff must also show that

An invitee is a person who enters premises with the consent of the owner of the premises.

During the early development of the common law, the duty of an occupier or owner of premises to persons who came on the premises was dependent on whether the persons were invitees, trespassers and

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

Which of the following statements is NOT true?

The duty of a manufacturer to warn, may be discharged by issuing a warning to learned intermediaries. Explain.

The tort of nuisance occurs if

After a manufacturer places a product on the market, it has a continuing obligation to warn consumers of potential dangers.

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

Law and Society

The Machinery of Justice

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

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

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

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

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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