Question 1

When a doctor treats or operates on a patient, explain why that patient cannot sue for battery.

Accepted Answer

The patient has cons

Question 2

In 2009 the Supreme Court of Canada decided two cases that recognized public interest responsible journalism as a new defence to the tort of defamation. Discuss some of the factors that courts might consider in applying this defence.

Accepted Answer

In Grant v. Torstar Corp., and Cusson v.

Question 3

You cannot trespass in a public mall.

Accepted Answer

A) True 
 B)False

Question 4

Jim was assigned to a different workroom at the factory. During the day, he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything Jim did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Saur answered, "You young @#$%%, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Saur, saying, "Cool down, old man." Some of the water hit Saur, who then ran over and hit Jim hard with a piece of pipe. Charlie, another worker, grabbed Jim by the hair and pulled him out of the room, away from Saur. Based on these facts, which of the following is true?

Accepted Answer

A)  Jim could not sue Saur for assault because Jim was not hurt by the falling machinery. 
B)  If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence. 
C)  If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt." 
D)  If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation. 
E)  Charlie could be sued successfully for battery even though he was acting in Jim's best interest. 
A)  Jim could not sue Saur for assault because Jim was not hurt by the falling machinery. 
B)  If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence. 
C)  If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt." 
D)  If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation. 
E)  Charlie could be sued successfully for battery even though he was acting in Jim's best interest.

Question 5

What is conversion?

Accepted Answer

Conversion involves one person

Question 6

Define defamation.

Accepted Answer

Defamation is a Fals

Question 7

Joe was jogging along a quiet jogging trail beside a river when he met Sam coming the other way. Joe stopped, and in conversation with Sam, accused him of stealing and shoplifting from Joe's store. Sam was appalled, got extremely irate, and struck Joe in the face. Joe was injured, suffering a broken nose and significant bruises. Finally, after some time, another jogger came along on the trail and broke up the fight. Joe sued Sam for battery and Sam sued Joe for defamation. Explain the likely outcome.

Accepted Answer

Joe would win his battery action since h

Question 8

Discuss the principles underlying the Personal Information Protection and Electronic Documents Act and its application.

Accepted Answer

This legislation governs the collection,

Question 9

The tort of spoliation grants remedy where evidence has been destroyed.

Accepted Answer

A) True 
 B)False

Question 10

Which of the following actions would result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

Accepted Answer

A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver. 
B)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
C)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
D)  An accountant accurately prepared the financial statements of a corporation that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10 000 and lost it all. 
E)  Ed became sick from consuming too much alcohol that he had purchased from the store. 
A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver. 
B)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
C)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
D)  An accountant accurately prepared the financial statements of a corporation that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10 000 and lost it all. 
E)  Ed became sick from consuming too much alcohol that he had purchased from the store.

Question 11

Because the Internet is uncontrolled, tort law does not apply to online activities.

Accepted Answer

A) True 
 B)False

Question 12

Interference with economic relations is actionable even where no breach of contract has taken place, but

Accepted Answer

A)  there must be some other unlawful conduct associated with the complaint, such as bribery or defamation. 
B)  there must be some instance of negligence associated with the complaint, such as a product liability claim. 
C)  the conduct complained of must have been unintentional, otherwise the action will not succeed. 
D)  the conduct complained of must not have resulted in actual harm, otherwise the action will not succeed. 
E)  no damages can be awarded in such an action. 
A)  there must be some other unlawful conduct associated with the complaint, such as bribery or defamation. 
B)  there must be some instance of negligence associated with the complaint, such as a product liability claim. 
C)  the conduct complained of must have been unintentional, otherwise the action will not succeed. 
D)  the conduct complained of must not have resulted in actual harm, otherwise the action will not succeed. 
E)  no damages can be awarded in such an action.

Question 13

When is a passing-off action appropriate?

Accepted Answer

When a business or product is

Question 14

Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of

Accepted Answer

A)  conspiracy to injure. 
B)  malicious prosecution. 
C)  deceit. 
D)  conversion. 
E)  intentional infliction of mental suffering. 
A)  conspiracy to injure. 
B)  malicious prosecution. 
C)  deceit. 
D)  conversion. 
E)  intentional infliction of mental suffering.

Question 15

All of the following are examples of unfair competition except

Accepted Answer

A)  one business seeking confidential information from the employees of another. 
B)  one business intentionally lowering its prices to encourage customers to purchase its products. 
C)  intimidation to discourage someone from selling a product at a lower price. 
D)  one restaurant sending employees to the door of another to redirect customers to the first. 
E)  intimidation to discourage someone from opening a business in a particular area. 
A)  one business seeking confidential information from the employees of another. 
B)  one business intentionally lowering its prices to encourage customers to purchase its products. 
C)  intimidation to discourage someone from selling a product at a lower price. 
D)  one restaurant sending employees to the door of another to redirect customers to the first. 
E)  intimidation to discourage someone from opening a business in a particular area.

Question 16

The Personal Information Protection and Electronic Documents Act (PIPEDA) is in force in all jurisdictions in Canada.

Accepted Answer

A) True 
 B)False

Question 17

Joe went to Sam the barber for a haircut. When Sam finished, Joe looked in the mirror and was shocked at what a terrible haircut he had received. He refused to pay and got up to leave. Sam refused to let him go and insisted that Joe stay while he phoned the police. Joe did so. When the police arrived and Sam explained the situation to them, they told him that they wouldn't arrest Joe, and Sam would have to pursue some other remedies. Joe later sued Sam for false imprisonment. Explain the likely outcome.

Accepted Answer

Joe would win. The time he was held by S

Question 18

Name two examples of federal privacy legislation.

Accepted Answer

Privacy Act, Persona

Question 19

An act that breaches a contract is inherently wrong.

Accepted Answer

A) True 
 B)False

Question 20

Distinguish between assault and battery.

Accepted Answer

A battery involves actual physical conta

When a doctor treats or operates on a patient, explain why that patient cannot sue for battery.

In 2009 the Supreme Court of Canada decided two cases that recognized public interest responsible journalism as a new defence to the tort of defamation. Discuss some of the factors that courts might consider in applying this defence.

You cannot trespass in a public mall.

What is conversion?

Define defamation.

Discuss the principles underlying the Personal Information Protection and Electronic Documents Act and its application.

The tort of spoliation grants remedy where evidence has been destroyed.

Which of the following actions would result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

Because the Internet is uncontrolled, tort law does not apply to online activities.

Interference with economic relations is actionable even where no breach of contract has taken place, but

When is a passing-off action appropriate?

Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of

All of the following are examples of unfair competition except

The Personal Information Protection and Electronic Documents Act (PIPEDA) is in force in all jurisdictions in Canada.

Name two examples of federal privacy legislation.

An act that breaches a contract is inherently wrong.

Distinguish between assault and battery.

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

When a doctor treats or operates on a patient, explain why that patient cannot sue for battery.

In 2009 the Supreme Court of Canada decided two cases that recognized public interest responsible journalism as a new defence to the tort of defamation. Discuss some of the factors that courts might consider in applying this defence.

You cannot trespass in a public mall.

What is conversion?

Define defamation.

Discuss the principles underlying the Personal Information Protection and Electronic Documents Act and its application.

The tort of spoliation grants remedy where evidence has been destroyed.

Which of the following actions would result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

Because the Internet is uncontrolled, tort law does not apply to online activities.

Interference with economic relations is actionable even where no breach of contract has taken place, but

When is a passing-off action appropriate?

Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of

All of the following are examples of unfair competition except

The Personal Information Protection and Electronic Documents Act (PIPEDA) is in force in all jurisdictions in Canada.

Name two examples of federal privacy legislation.

An act that breaches a contract is inherently wrong.

Distinguish between assault and battery.

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