Question 1

The federal government's Personal Information Protection and Electronic Documents Act

Accepted Answer

A)  applies in all provinces except where legislation that provides for equivalent protection has been passed by the province. 
B)  creates a general right to sue in tort for a violation of its provisions. 
C)  gives people right of access to personal information held by the government and government agencies. 
D)  provides suggested guidelines, but there are no sanctions for violations. 
E)  does not apply to personal information collected over the Internet. 
A)  applies in all provinces except where legislation that provides for equivalent protection has been passed by the province. 
B)  creates a general right to sue in tort for a violation of its provisions. 
C)  gives people right of access to personal information held by the government and government agencies. 
D)  provides suggested guidelines, but there are no sanctions for violations. 
E)  does not apply to personal information collected over the Internet.

Question 2

After the MCLeans filled their swimming pool, which was recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the MCLeans to enjoy the use of their pool. Unknown to the MCLeans when they had the pool installed, their neighbour Springborn had bee hives on his property. On these facts, which of the following is true?

Accepted Answer

A)  The MCLeans have an action against Springborn for nonfeasance. 
B)  The MCLeans have an action against Springborn for nuisance. 
C)  The MCLeans have an action against Springborn under the Occupiers' Liability Act. 
D)  The MCLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act. 
E)  Springborn would successfully use the defence of absolute privilege. 
A)  The MCLeans have an action against Springborn for nonfeasance. 
B)  The MCLeans have an action against Springborn for nuisance. 
C)  The MCLeans have an action against Springborn under the Occupiers' Liability Act. 
D)  The MCLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act. 
E)  Springborn would successfully use the defence of absolute privilege.

Question 3

The primary purpose of tort law is to punish wrongdoers.

Accepted Answer

A) True 
 B)False

Question 4

The federal Privacy Act gives people the right to access their personal information held by government and government agencies and severely restricts how that information can be disseminated to others.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements is correct?

Accepted Answer

A)  Detinue occurs when some attacks the reputation of another's product or business. 
B)  Conversion involves someone inadvertently appropriating the goods of another. 
C)  Any direct intentional interference causing damage to the goods of another is a trespass to chattels. 
D)  Product defamation involves the wrongful possession of someone else's goods. 
E)  Wrongful interference with goods is not actionable as a business tort. 
A)  Detinue occurs when some attacks the reputation of another's product or business. 
B)  Conversion involves someone inadvertently appropriating the goods of another. 
C)  Any direct intentional interference causing damage to the goods of another is a trespass to chattels. 
D)  Product defamation involves the wrongful possession of someone else's goods. 
E)  Wrongful interference with goods is not actionable as a business tort.

Question 6

Which of the following is true with regard to the torts of assault and battery?

Accepted Answer

A)  Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages. 
B)  The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered. 
E)  For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident. 
A)  Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages. 
B)  The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
C)  A person will always succeed with the defence of self-defence even if he used excessive force. 
D)  Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered. 
E)  For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.

Question 7

Which of the following statements regarding privacy law is false?

Accepted Answer

A)  Self-regulation has proven most effective in the area of privacy law. 
B)  In common law, there is no tort of invasion of privacy. 
C)  Several provinces have passed legislation creating liability for invasion of privacy. 
D)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
E)  E-commerce has resulted in increased abuse of personal information. 
A)  Self-regulation has proven most effective in the area of privacy law. 
B)  In common law, there is no tort of invasion of privacy. 
C)  Several provinces have passed legislation creating liability for invasion of privacy. 
D)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
E)  E-commerce has resulted in increased abuse of personal information.

Question 8

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade of paper out of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As he was walking out the door, Don threw a hard disk at Clark and hit him in the back of the head. Considering the legal meaning of the following, indicate which of the following would be successful based on these facts.

Accepted Answer

A)  An action against Computerheaven Ltd. for the tort of defamation 
B)  An action against Clark for the tort of negligence 
C)  An action for the tort of nuisance 
D)  An action against Computerheaven Ltd. for the tort of battery 
E)  An action against Computerheaven Ltd. for the tort of trespass 
A)  An action against Computerheaven Ltd. for the tort of defamation 
B)  An action against Clark for the tort of negligence 
C)  An action for the tort of nuisance 
D)  An action against Computerheaven Ltd. for the tort of battery 
E)  An action against Computerheaven Ltd. for the tort of trespass

Question 9

A civil court can assess only compensation and not punitive damages.

Accepted Answer

A) True 
 B)False

Question 10

Malicious prosecution occurs when a person

Accepted Answer

A)  initiates a criminal or quasi-criminal prosecution with malice and without reasonable grounds. 
B)  maliciously sues a person who has acted carelessly and caused damage. 
C)  threatens or harasses someone vulnerable. 
D)  takes advantage of a trust relationship. 
E)  forces businesspersons to do something to harm their businesses. 
A)  initiates a criminal or quasi-criminal prosecution with malice and without reasonable grounds. 
B)  maliciously sues a person who has acted carelessly and caused damage. 
C)  threatens or harasses someone vulnerable. 
D)  takes advantage of a trust relationship. 
E)  forces businesspersons to do something to harm their businesses.

Question 11

Internet defamation is addressed in the case of Crookes v. Wikimedia Foundation Ltd. According to this case, the mere creation of a hyperlink in a website

Accepted Answer

A)  does not lead to a presumption that persons reading the content of the website will access the hyperlink to access defamatory words. 
B)  can result in the Internet Service Provider being held liable for defamatory statements. 
C)  can be defamatory because the hyperlink is technically published. 
D)  can be defamatory because the hyperlink is generally believed. 
E)  can be defamatory because the hyperlink is always true. 
A)  does not lead to a presumption that persons reading the content of the website will access the hyperlink to access defamatory words. 
B)  can result in the Internet Service Provider being held liable for defamatory statements. 
C)  can be defamatory because the hyperlink is technically published. 
D)  can be defamatory because the hyperlink is generally believed. 
E)  can be defamatory because the hyperlink is always true.

Question 12

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Accepted Answer

The answer of The term that is used in tort...

Question 13

An exotic dancer, Jasmine, jumped from the stage onto the lap of a patron. The chair broke, and in the fall, a disc in the plaintiff's back was broken. Jasmine maintained that she would jump on the lap of a patron only if he indicated he wanted her to do so and offered a tip. Which of the following is incorrect with respect to the legal position of the parties?

Accepted Answer

A)  The patron would sue not only Jasmine for negligence but the employer as well for vicarious liability. 
B)  Jasmine's best defence would be that the patron voluntarily assumed the risk. 
C)  The patron would bring an action relying on the Occupiers' Liability Act. 
D)  The employer would not be liable since Jasmine was on a "frolic of her own." 
E)  Jasmine owes a duty of care to patrons, as they are foreseeable victims. 
A)  The patron would sue not only Jasmine for negligence but the employer as well for vicarious liability. 
B)  Jasmine's best defence would be that the patron voluntarily assumed the risk. 
C)  The patron would bring an action relying on the Occupiers' Liability Act. 
D)  The employer would not be liable since Jasmine was on a "frolic of her own." 
E)  Jasmine owes a duty of care to patrons, as they are foreseeable victims.

Question 14

The plaintiff, M, quit her job because her employee, Mr. C, made unwelcome sexual advances and her career was not advanced as promised. Subsequently, Mr. C, on his own initiative, called her past employer, her present employer, and an instructor at vocational school and said that M was a thief, a false statement. As a result of these calls, M lost her new job. Which of the following is true?

Accepted Answer

A)  Technically, M could sue Mr. C for libel. 
B)  Mr. C's statement is defamatory by innuendo. 
C)  Mr. C could successfully use the defence of qualified privilege. 
D)  Mr. C could successfully use the defence of fair comment. 
E)  Mr. C could be sued successfully for defamation even though the defamatory words were not written down. 
A)  Technically, M could sue Mr. C for libel. 
B)  Mr. C's statement is defamatory by innuendo. 
C)  Mr. C could successfully use the defence of qualified privilege. 
D)  Mr. C could successfully use the defence of fair comment. 
E)  Mr. C could be sued successfully for defamation even though the defamatory words were not written down.

Question 15

Provincial Privacy Legislation requires all businesses to have a written privacy policy. What should a business person put into their policy?

Accepted Answer

The policy must account for all the acti

Question 16

What is trespass to chattels?

Accepted Answer

Any direct intention

Question 17

In cases involving the Internet in which multiple jurisdictions might be involved, where should the action be brought?

Accepted Answer

Action should be bro

Question 18

Rob bet Joe $300 that the Chicago Bears would beat the San Francisco 49ers. The day after the Bears lost, Joe went to Rob's office. He created quite a scene. He got the $300 and yelled nasty remarks about the Bears team and coach. Rob was furious. He lied to the onlookers by saying that Joe passed himself off as an accountant but that he never passed the required exams and had forged the documents. Joe lost several clients because of Rob's false statements. On these facts, which of the following is true?

Accepted Answer

A)  Joe could successfully sue Rob for defamation. 
B)  Rob could successfully sue Joe for defamation because of the statements Joe made about the Bears team and coach. 
C)  If Joe sues Rob for defamation, Rob would be able to use successfully the defence of qualified privilege. 
D)  Rob's statements about Joe were defamation by innuendo. 
E)  Rob could sue Joe for nuisance. 
A)  Joe could successfully sue Rob for defamation. 
B)  Rob could successfully sue Joe for defamation because of the statements Joe made about the Bears team and coach. 
C)  If Joe sues Rob for defamation, Rob would be able to use successfully the defence of qualified privilege. 
D)  Rob's statements about Joe were defamation by innuendo. 
E)  Rob could sue Joe for nuisance.

Question 19

Under what circumstances would one sue for nuisance?

Accepted Answer

This is a tort action available where pr

Question 20

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

Accepted Answer

A) True 
 B)False

The federal government's Personal Information Protection and Electronic Documents Act

The primary purpose of tort law is to punish wrongdoers.

The federal Privacy Act gives people the right to access their personal information held by government and government agencies and severely restricts how that information can be disseminated to others.

Which of the following statements is correct?

Which of the following is true with regard to the torts of assault and battery?

Which of the following statements regarding privacy law is false?

A civil court can assess only compensation and not punitive damages.

Malicious prosecution occurs when a person

Internet defamation is addressed in the case of Crookes v. Wikimedia Foundation Ltd. According to this case, the mere creation of a hyperlink in a website

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Provincial Privacy Legislation requires all businesses to have a written privacy policy. What should a business person put into their policy?

What is trespass to chattels?

In cases involving the Internet in which multiple jurisdictions might be involved, where should the action be brought?

Under what circumstances would one sue for nuisance?

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

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 federal government's Personal Information Protection and Electronic Documents Act

The primary purpose of tort law is to punish wrongdoers.

The federal Privacy Act gives people the right to access their personal information held by government and government agencies and severely restricts how that information can be disseminated to others.

Which of the following statements is correct?

Which of the following is true with regard to the torts of assault and battery?

Which of the following statements regarding privacy law is false?

A civil court can assess only compensation and not punitive damages.

Malicious prosecution occurs when a person

Internet defamation is addressed in the case of Crookes v. Wikimedia Foundation Ltd. According to this case, the mere creation of a hyperlink in a website

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Provincial Privacy Legislation requires all businesses to have a written privacy policy. What should a business person put into their policy?

What is trespass to chattels?

In cases involving the Internet in which multiple jurisdictions might be involved, where should the action be brought?

Under what circumstances would one sue for nuisance?

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

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