Question 1

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

Accepted Answer

It is only necessary that the

Question 2

Once acquitted of a crime, a person cannot be sued in tort.

Accepted Answer

A) True 
 B)False

Question 3

If Bree lends Gabby a blender, but then Gabby refuses to return it, Bree could bring an action in detinue for compensation.

Accepted Answer

A) True 
 B)False

Question 4

Joe wandered onto Sam's land, not realizing that he crossed the property line. Sam found him there and sued him for trespassing. Explain the likely outcome.

Accepted Answer

It is no excuse to say that yo

Question 5

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Accepted Answer

A)  The presence of a driving range constituted a private nuisance and the Court issued an injunction prohibiting golf balls going onto the Carleys' property. 
B)  The presence of a driving range constituted a private nuisance, but there is no remedy for a mere nuisance at law. 
C)  The presence of a driving range could not be considered a nuisance, only a minor annoyance, for which there is no remedy. 
D)  The presence of a driving range constituted negligence, as driving ranges are unreasonable. 
E)  The presence of a driving range could not be considered in the context of tort law, as the owners did not intend to cause harm. 
A)  The presence of a driving range constituted a private nuisance and the Court issued an injunction prohibiting golf balls going onto the Carleys' property. 
B)  The presence of a driving range constituted a private nuisance, but there is no remedy for a mere nuisance at law. 
C)  The presence of a driving range could not be considered a nuisance, only a minor annoyance, for which there is no remedy. 
D)  The presence of a driving range constituted negligence, as driving ranges are unreasonable. 
E)  The presence of a driving range could not be considered in the context of tort law, as the owners did not intend to cause harm.

Question 6

Name two torts that deal with wrongful interference with goods.

Accepted Answer

Conversion

Question 7

Which of the following best describes the primary purpose of tort law?

Accepted Answer

A)  To punish wrongdoers 
B)  To compensate victims of wrongful conduct 
C)  To ensure that contractual promises are kept 
D)  To prevent crime 
E)  To force people to do good, e.g., rescue those in trouble 
A)  To punish wrongdoers 
B)  To compensate victims of wrongful conduct 
C)  To ensure that contractual promises are kept 
D)  To prevent crime 
E)  To force people to do good, e.g., rescue those in trouble

Question 8

When someone intentionally scratches your car, for what can you sue?

Accepted Answer

Trespass t

Question 9

After the Leans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties?

Accepted Answer

A)  There is nothing the Leans can do. 
B)  The Leans' legal action would be in nuisance. 
C)  This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances. 
D)  The Leans can sue for trespass. 
E)  The Leans could sue for assault. 
A)  There is nothing the Leans can do. 
B)  The Leans' legal action would be in nuisance. 
C)  This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances. 
D)  The Leans can sue for trespass. 
E)  The Leans could sue for assault.

Question 10

Intentionally appropriating the goods of another can give rise to an action in

Accepted Answer

A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit. 
A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit.

Question 11

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on his items. Why is this not a good idea?

Accepted Answer

A)  Marco could be sued for passing-off. 
B)  Marco could face an action in injurious falsehood. 
C)  Marco could be sued for a negligent misstatement. 
D)  Marco could face an action in conversion. 
E)  Marco could be sued for trade slander. 
A)  Marco could be sued for passing-off. 
B)  Marco could face an action in injurious falsehood. 
C)  Marco could be sued for a negligent misstatement. 
D)  Marco could face an action in conversion. 
E)  Marco could be sued for trade slander.

Question 12

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

Accepted Answer

Injurious Falsehood

Question 13

In the case of Polar Ice Express Inc. v. Arctic Glacier Inc. what did the Court find?

Accepted Answer

A)  The plaintiff suffered economic loss as a result of the defendant's actions. 
B)  The plaintiff did not suffer an economic loss as a result of the defendant's actions. 
C)  Ethical competition is not encouraged in Canada. 
D)  While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct. 
E)  While making unfounded accusations is unethical, it does not constitute tortious conduct. 
A)  The plaintiff suffered economic loss as a result of the defendant's actions. 
B)  The plaintiff did not suffer an economic loss as a result of the defendant's actions. 
C)  Ethical competition is not encouraged in Canada. 
D)  While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct. 
E)  While making unfounded accusations is unethical, it does not constitute tortious conduct.

Question 14

Explain in what circumstances the defence of absolute privilege is available in a defamation action.

Accepted Answer

Absolute privilege is available in relat

Question 15

Joe is struck by a car driven by a careless driver and thrown 30 feet onto Sam's property, causing damages to his prized rose bush. Is Joe responsible?

Accepted Answer

No, Joe is not a tre

Question 16

Employee surveillance may violate privacy rights and, depending on how the information is obtained and used, may also violate human rights legislation.

Accepted Answer

A) True 
 B)False

Question 17

Explain the principle of vicarious liability and give an example.

Accepted Answer

Vicarious liability is where one person

Question 18

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

Accepted Answer

A) True 
 B)False

Question 19

A person could commit a trespass even without coming onto your land.

Accepted Answer

A) True 
 B)False

Question 20

Interference with economic relations can be actionable even if no breach of contract has taken place.

Accepted Answer

A) True 
 B)False

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

Once acquitted of a crime, a person cannot be sued in tort.

If Bree lends Gabby a blender, but then Gabby refuses to return it, Bree could bring an action in detinue for compensation.

Joe wandered onto Sam's land, not realizing that he crossed the property line. Sam found him there and sued him for trespassing. Explain the likely outcome.

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Name two torts that deal with wrongful interference with goods.

Which of the following best describes the primary purpose of tort law?

When someone intentionally scratches your car, for what can you sue?

Intentionally appropriating the goods of another can give rise to an action in

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on his items. Why is this not a good idea?

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

In the case of Polar Ice Express Inc. v. Arctic Glacier Inc. what did the Court find?

Explain in what circumstances the defence of absolute privilege is available in a defamation action.

Joe is struck by a car driven by a careless driver and thrown 30 feet onto Sam's property, causing damages to his prized rose bush. Is Joe responsible?

Employee surveillance may violate privacy rights and, depending on how the information is obtained and used, may also violate human rights legislation.

Explain the principle of vicarious liability and give an example.

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

A person could commit a trespass even without coming onto your land.

Interference with economic relations can be actionable even if no breach of contract has taken place.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters

Exam 4: Intentional Torts and Torts Impacting Business

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

Once acquitted of a crime, a person cannot be sued in tort.

If Bree lends Gabby a blender, but then Gabby refuses to return it, Bree could bring an action in detinue for compensation.

Joe wandered onto Sam's land, not realizing that he crossed the property line. Sam found him there and sued him for trespassing. Explain the likely outcome.

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Name two torts that deal with wrongful interference with goods.

Which of the following best describes the primary purpose of tort law?

When someone intentionally scratches your car, for what can you sue?

Intentionally appropriating the goods of another can give rise to an action in

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on his items. Why is this not a good idea?

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

In the case of Polar Ice Express Inc. v. Arctic Glacier Inc. what did the Court find?

Explain in what circumstances the defence of absolute privilege is available in a defamation action.

Joe is struck by a car driven by a careless driver and thrown 30 feet onto Sam's property, causing damages to his prized rose bush. Is Joe responsible?

Employee surveillance may violate privacy rights and, depending on how the information is obtained and used, may also violate human rights legislation.

Explain the principle of vicarious liability and give an example.

In tort, damages attempt to put the victim in the position he would have been in had the tort never taken place.

A person could commit a trespass even without coming onto your land.

Interference with economic relations can be actionable even if no breach of contract has taken place.

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes: the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contract: Consensus and Consideration

The Elements of a Contract: Capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Agency and Partnership

Corporations

Employment

Intellectual Property

Real and Personal Property and Protection of the Environment

Priority of Creditors

Sales and Consumer Protection

Filters