Question 1

Which of the following is NOT a tort?

Accepted Answer

A)  negligence 
B)  interfering with the business of another 
C)  inducing breach of contract 
D)  malicious imprisonment 
E)  private nuisance 
A)  negligence 
B)  interfering with the business of another 
C)  inducing breach of contract 
D)  malicious imprisonment 
E)  private nuisance

Question 2

Which of the following best demonstrates the concept of vicarious liability?

Accepted Answer

A)  A man's dog runs out of the house and mauls a letter carrier. 
B)  A cow leaves its pasture, walks into the garden of another farmer and destroys all the farmers crops. 
C)  Jack is employed by Jim as a trainees mechanic. Jack goes to a party and is asked by a friend, Mary, to check her car that won't start. Jack checks the car. A few minutes after Mary drives away, the car's ignition explodes. 
D)  Jack is employed by Jim as a trainee mechanic. Jim's sister, Maggie brings her car to the shop. It has an engine problem. Jack has never worked on a car's engine before. Jim asks Jack to work on the engine. Jack works on the engine. Later when Maggie drives off in the car, the engine explodes. 
E)  none of the above 
A)  A man's dog runs out of the house and mauls a letter carrier. 
B)  A cow leaves its pasture, walks into the garden of another farmer and destroys all the farmers crops. 
C)  Jack is employed by Jim as a trainees mechanic. Jack goes to a party and is asked by a friend, Mary, to check her car that won't start. Jack checks the car. A few minutes after Mary drives away, the car's ignition explodes. 
D)  Jack is employed by Jim as a trainee mechanic. Jim's sister, Maggie brings her car to the shop. It has an engine problem. Jack has never worked on a car's engine before. Jim asks Jack to work on the engine. Jack works on the engine. Later when Maggie drives off in the car, the engine explodes. 
E)  none of the above

Question 3

The tort of assault is

Accepted Answer

A)  a careless act or omission that harms another. 
B)  an intentional misrepresentation of facts. 
C)  the threat of imminent physical harm. 
D)  the act of coming onto another's property without his or her consent. 
E)  the act of hitting someone without their consent. 
A)  a careless act or omission that harms another. 
B)  an intentional misrepresentation of facts. 
C)  the threat of imminent physical harm. 
D)  the act of coming onto another's property without his or her consent. 
E)  the act of hitting someone without their consent.

Question 4

Tort damages are often classified into .

Accepted Answer

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

Question 5

Jack brandishes a baseball bat and says to another person, "get out of here or I'll hit you", Jack has

Accepted Answer

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

Question 6

What is the "thin skull principle"?

Accepted Answer

The thin skull principle is the tort law

Question 7

How can the plaintiff's own conduct affect the outcome of a claim for negligence?

Accepted Answer

Jurisdictions have contributory negligen

Question 8

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

Accepted Answer

A) True 
 B)False

Question 9

Which of the following statement best explains what happens during a court proceeding when the plaintiff relies on the principle of res ipsa loquitur?

Accepted Answer

A)  The defendant is required to file more documents. 
B)  The defendant's defence is dismissed. 
C)  The plaintiff raises an objection and the judge overrules the objection. 
D)  The burden shifts to the defendant to establish that he or she was not at fault. 
E)  The plaintiff raises an objection and the judge sustains the objection. 
A)  The defendant is required to file more documents. 
B)  The defendant's defence is dismissed. 
C)  The plaintiff raises an objection and the judge overrules the objection. 
D)  The burden shifts to the defendant to establish that he or she was not at fault. 
E)  The plaintiff raises an objection and the judge sustains the objection.

Question 10

A tort is

Accepted Answer

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

Question 11

In early common law, the highest duty that the owner of premises owed to visitors to her premises, was to a licensee.

Accepted Answer

A) True 
 B)False

Question 12

Before a plaintiff can recover for loss suffered as a result of the acts of a defendant,

Accepted Answer

A)  the injury must be a serious physical or psychological impairment. 
B)  the injury must be of a degree that was foreseeable by the defendant. 
C)  the injury must be of a type that was foreseeable by the plaintiff. 
D)  the injury must be of a type that was foreseeable by the defendant. 
E)  the injury must be of a degree that was foreseeable by the plaintiff. 
A)  the injury must be a serious physical or psychological impairment. 
B)  the injury must be of a degree that was foreseeable by the defendant. 
C)  the injury must be of a type that was foreseeable by the plaintiff. 
D)  the injury must be of a type that was foreseeable by the defendant. 
E)  the injury must be of a degree that was foreseeable by the plaintiff.

Question 13

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

Accepted Answer

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

Question 14

During parliamentary debate one day, James describes Peter as "someone who has lied all his way to the top." Peter decides to sue for defamation. James has a defence of absolute privilege.

Accepted Answer

A) True 
 B)False

Question 15

Under strict liability, a wrongdoer is punished strictly if the wrongdoer was at fault.

Accepted Answer

A) True 
 B)False

Question 16

What is the role and purpose of tort law?

Accepted Answer

The role and purpose of tort l

Question 17

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 18

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.

Accepted Answer

A manufacturer has a continuing duty to

Question 19

Under most Canadian jurisdictions, an occupier now owes a general duty of care to all visitors who are lawfully on the premises.

Accepted Answer

A) True 
 B)False

Question 20

Explain the development of fault as an appropriate basis for liability in tort.

Accepted Answer

In the early development of tort law, li

Exam 3: The Law of Torts

Which of the following is NOT a tort?

Which of the following best demonstrates the concept of vicarious liability?

The tort of assault is

Tort damages are often classified into .

Jack brandishes a baseball bat and says to another person, "get out of here or I'll hit you", Jack has

What is the "thin skull principle"?

How can the plaintiff's own conduct affect the outcome of a claim for negligence?

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

Which of the following statement best explains what happens during a court proceeding when the plaintiff relies on the principle of res ipsa loquitur?

A tort is

In early common law, the highest duty that the owner of premises owed to visitors to her premises, was to a licensee.

Before a plaintiff can recover for loss suffered as a result of the acts of a defendant,

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

During parliamentary debate one day, James describes Peter as "someone who has lied all his way to the top." Peter decides to sue for defamation. James has a defence of absolute privilege.

Under strict liability, a wrongdoer is punished strictly if the wrongdoer was at fault.

What is the role and purpose of tort law?

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

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.

Under most Canadian jurisdictions, an occupier now owes a general duty of care to all visitors who are lawfully on the premises.

Explain the development of fault as an appropriate basis for liability in tort.

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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