Exam 4: Intentional Torts and Torts Impacting Business

Azar had been working for the Burger Noble for a number of years, most recently under Lai, the latest in a series of managers. Azar became ill and had to take repeated sick days to rest and to attend appointments with various specialists. It became impossible for Azar to continue working there, and Lai gave her notice of termination. While Azar was working the last days of her notice period, Lai continued to harass her over and over again for her previous absences. Lai could face an action for

Mr. and Mrs. Hampton went to a restaurant and ordered the roast duck dinner for two. When they began their dinners, they found that the duck was frozen in the middle. They ate what they could of the dinner but complained to the waiter. The waiter listened but merely gave them the bill for the entire cost of the dinner. Mr. Hampton put half of that amount on the table and began to leave. The waiter and the manager caught up to him before he reached the front door, and although they allowed Mrs. Hampton to leave, they restrained Mr. Hampton. Furthermore, the manager called the police, who, after listening to the waiter and Mr. Hampton explain just what happened, arrested Hampton and took him to jail. Mrs. Hampton bailed him out within three hours. On these facts, which one of the following is true?

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Explain what is meant by a continuing trespass.

When Mr. P dropped his wife off at work, Mr. H, the driver behind him, was angered by the slight delay in traffic. Mr. H approached Mr. P's car, called him names, and then punched Mr. P in the nose and mouth area with a closed fist. Mr. H was convicted and sentenced in criminal proceedings for his actions. Given these facts, which of the following is true?

Distinguish a crime from a tort.

Mrs. Kahn arranged a trip to Europe for herself and her two children. Her husband couldn't go. She spent hours with the travel agent, Mr. Tobin, deciding on the vacation package. She asked him and wrote a note asking again what documents, shots, etc., would be needed for the trip. Tobin said and wrote that all they would need would be their passports. Tobin forgot to tell her that a new regulation required a note from the father allowing the children to leave Canada, although he had received a memo in red warning him to alert travellers of the new regulation. When Mrs. Kahn and the children reached Toronto to embark on a plane for London, they were stopped because she did not have the required note from Mr. Kahn. They lost their reservations for both the plane and the tour with no refund. On these facts, which of the following is true?

Which of the following actions would not result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

Businesses that deal directly with the public may find their employees becoming involved in altercations with customers. Explain, providing examples, how these altercations may lead to actions against the business.

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife to use in her restaurant. Which of the following is true?

Which of the following actions constitutes an assault?

In Braintech v. Kostiuk, the Court confirmed that in Internet disputes the action should be brought in a jurisdiction having

In Jones v. Tsige the Court conceded that the law had to evolve to protect individuals from unreasonable intrusion into their private lives. The tort, "intrusion upon seclusion," was imported from American common law. It is described as: "one who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person." Discuss the key features of the cause of action.

Jed played hockey for his company's team. During the playoffs, three seconds after a play, he was deliberately hit in the back with a stick by Ed, a player on the opposing team. The hit broke Jed's rib. If Jed sued Ed, which of the following would be true? (Keep in mind the legal meanings of the words.)

Which of the following is an intentional tort?

Discuss the position of a doctor when faced with a patient refusing life-saving medical treatment.

A person can be assaulted even when there is no physical contact.

Joe was chased onto Sam's land by a group of thugs and hid behind Sam's rose bush to escape them, causing some damage. Sam sued Joe for trespass. Will he win?

A person could be liable for the tort of trespass

Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.