Question 1

What elements must be established in order to sue another for false imprisonment?

Accepted Answer

1. There was an impr

Question 2

Which of the following actions would not result in a successful tort action by the person suing? 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 falsely stated that the mayor took a bribe. The editor and ten others on staff read it but decided not to print it. The mayor sued Mr. Meen. 
B)  When Jed accidentally dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and moved in time to avoid being hit. Al sued; Jed counterclaimed. 
C)  A waiter, then the police, detained a restaurant patron because he did not want to pay for wine that was brought to the table but was cloudy and undrinkable. The patron sued for false imprisonment. 
D)  An accountant made an error in financial statements that he knew would be given by his client to a potential investor, Mr. Lam. The investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the accountant. 
E)  Jayne was doing yoga in her backyard. She looked up and was surprised to see the gas meter reader in her yard. She sued him for trespass. 
A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely stated that the mayor took a bribe. The editor and ten others on staff read it but decided not to print it. The mayor sued Mr. Meen. 
B)  When Jed accidentally dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and moved in time to avoid being hit. Al sued; Jed counterclaimed. 
C)  A waiter, then the police, detained a restaurant patron because he did not want to pay for wine that was brought to the table but was cloudy and undrinkable. The patron sued for false imprisonment. 
D)  An accountant made an error in financial statements that he knew would be given by his client to a potential investor, Mr. Lam. The investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the accountant. 
E)  Jayne was doing yoga in her backyard. She looked up and was surprised to see the gas meter reader in her yard. She sued him for trespass.

Question 3

Following an account broadcast on the TV station the night before about a particular city councillor having been pulled over for drunk driving, Joe, a political cartoonist, drew a political cartoon of the councillor, obviously drunk and with his clothes in disarray, having difficulty walking down a straight line on the road with a sober police officer looking on. This was published the next day in the paper for which Joe works. The city councillor involved had disagreements with Joe in the past and intensely disliked him. It turned out that the story published on TV was an error, but the city councillor chose not to sue the TV reporter and the station, but rather he sued Joe for defamation. What would Joe's best defence be? Indicate the likely outcome.

Accepted Answer

Joe's best defence would be fair comment

Question 4

Violations of privacy occur when private information is exchanged in a commercial transaction over the Internet and then is used again even with consent.

Accepted Answer

A) True 
 B)False

Question 5

"In order for a person to successfully sue for an assault and battery, damage or injury must be demonstrated." Comment on the accuracy of that statement.

Accepted Answer

It is not necessary

Question 6

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

Accepted Answer

A)  can result in actions against the business on the basis of vicarious liability. 
B)  may be inconvenient, but do not expose the business to liability. 
C)  can lead to employees being held liable, but will not impact the business itself. 
D)  are extremely rare and so are not worthy of concern. 
E)  should be ignored so as to avoid attracting liability. 
A)  can result in actions against the business on the basis of vicarious liability. 
B)  may be inconvenient, but do not expose the business to liability. 
C)  can lead to employees being held liable, but will not impact the business itself. 
D)  are extremely rare and so are not worthy of concern. 
E)  should be ignored so as to avoid attracting liability.

Question 7

Discuss the concerns Canadians are having over the protection of their privacy given the widespread use of computers. Provide a recent example.

Accepted Answer

Students should discuss the fact that Ca

Question 8

In January, a driver accidentally caused a snow plow to go off the road, crash into a house, and enter the living room. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snow plow was charged with the crime of driving while impaired, and convicted, which of the following would be true?

Accepted Answer

A)  The owners of the house would have no civil action against the driver because no one was hurt. 
B)  The owners of the house could also proceed in a civil action against the driver for the tort of nuisance. 
C)  The owners of the house could also proceed in a civil action against the driver for the tort of negligence. 
D)  The owners of the house could not proceed in a civil action because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action. 
E)  The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt. 
A)  The owners of the house would have no civil action against the driver because no one was hurt. 
B)  The owners of the house could also proceed in a civil action against the driver for the tort of nuisance. 
C)  The owners of the house could also proceed in a civil action against the driver for the tort of negligence. 
D)  The owners of the house could not proceed in a civil action because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action. 
E)  The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.

Question 9

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

Accepted Answer

A)  intimidation. 
B)  deceit. 
C)  injurious falsehood. 
D)  conversion. 
E)  malicious prosecution. 
A)  intimidation. 
B)  deceit. 
C)  injurious falsehood. 
D)  conversion. 
E)  malicious prosecution.

Question 10

A published false statement that injures the reputation of the person it concerns is called defamation.

Accepted Answer

A) True 
 B)False

Question 11

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is false?

Accepted Answer

A)  You could sue for the tort of private nuisance if someone used his property in such a way that it interfered with your use and enjoyment of your property. 
B)  The use of your property is partly governed by the Occupiers' Liability Act. 
C)  If you bring something onto your property that is inherently dangerous and it escapes, causing damage to others, you will be liable even if you were very careful and did not intend to harm anyone. 
D)  If there were an accident out front and a car was knocked onto your yard, you could sue the driver in that car for trespass. 
E)  Your tenants have a duty to take reasonable steps to make sure that a visitor is reasonably safe when in their suite. 
A)  You could sue for the tort of private nuisance if someone used his property in such a way that it interfered with your use and enjoyment of your property. 
B)  The use of your property is partly governed by the Occupiers' Liability Act. 
C)  If you bring something onto your property that is inherently dangerous and it escapes, causing damage to others, you will be liable even if you were very careful and did not intend to harm anyone. 
D)  If there were an accident out front and a car was knocked onto your yard, you could sue the driver in that car for trespass. 
E)  Your tenants have a duty to take reasonable steps to make sure that a visitor is reasonably safe when in their suite.

Question 12

Invasion of a person's property may take the form of all of the following except

Accepted Answer

A)  unauthorized access to information. 
B)  misuse of an image or name. 
C)  detinue. 
D)  a physical intrusion. 
E)  surveillance. 
A)  unauthorized access to information. 
B)  misuse of an image or name. 
C)  detinue. 
D)  a physical intrusion. 
E)  surveillance.

Question 13

Discuss the position of a political cartoonist in terms of defamation law.

Accepted Answer

Students should explain what defamation

Question 14

Explain what is meant by innuendo.

Accepted Answer

An innuendo involves an implie

Question 15

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. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would not be successful based on these facts.

Accepted Answer

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

Question 16

In order to sue for trespass to land, what two elements must be established?

Accepted Answer

First, there must be intrusion

Question 17

Explain the difference between qualified and absolute privilege.

Accepted Answer

Where absolute privilege is involved, it

Question 18

Historically, libel was seen as more deliberate and more permanent than slander, and therefore more harmful. Today, means of mass communication give slander a potentially huge audience, so the rationale for distinguishing between them is breaking down. Explain how the law is changing in light of this.

Accepted Answer

Statutory changes in some prov

Question 19

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

Accepted Answer

A)  Personal Information Protection and Electronic Documents Act. 
B)  Privacy Act. 
C)  Private Sector Privacy Act. 
D)  Code of Personal Information. 
E)  Act for the Protection of Private Information. 
A)  Personal Information Protection and Electronic Documents Act. 
B)  Privacy Act. 
C)  Private Sector Privacy Act. 
D)  Code of Personal Information. 
E)  Act for the Protection of Private Information.

Question 20

According to the case of 369413 Alberta Ltd. V. Pocklington, when a company breaches its contractual obligations and directors acts to further their own interests, damages may be awarded for

Accepted Answer

A)  inducing breach of contract. 
B)  injurious falsehood. 
C)  conversion. 
D)  passing-off. 
E)  deceit. 
A)  inducing breach of contract. 
B)  injurious falsehood. 
C)  conversion. 
D)  passing-off. 
E)  deceit.

What elements must be established in order to sue another for false imprisonment?

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

Violations of privacy occur when private information is exchanged in a commercial transaction over the Internet and then is used again even with consent.

"In order for a person to successfully sue for an assault and battery, damage or injury must be demonstrated." Comment on the accuracy of that statement.

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

Discuss the concerns Canadians are having over the protection of their privacy given the widespread use of computers. Provide a recent example.

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

A published false statement that injures the reputation of the person it concerns is called defamation.

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is false?

Invasion of a person's property may take the form of all of the following except

Discuss the position of a political cartoonist in terms of defamation law.

Explain what is meant by innuendo.

In order to sue for trespass to land, what two elements must be established?

Explain the difference between qualified and absolute privilege.

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

According to the case of 369413 Alberta Ltd. V. Pocklington, when a company breaches its contractual obligations and directors acts to further their own interests, damages may be awarded for

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

What elements must be established in order to sue another for false imprisonment?

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

Violations of privacy occur when private information is exchanged in a commercial transaction over the Internet and then is used again even with consent.

"In order for a person to successfully sue for an assault and battery, damage or injury must be demonstrated." Comment on the accuracy of that statement.

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

Discuss the concerns Canadians are having over the protection of their privacy given the widespread use of computers. Provide a recent example.

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

A published false statement that injures the reputation of the person it concerns is called defamation.

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is false?

Invasion of a person's property may take the form of all of the following except

Discuss the position of a political cartoonist in terms of defamation law.

Explain what is meant by innuendo.

In order to sue for trespass to land, what two elements must be established?

Explain the difference between qualified and absolute privilege.

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

According to the case of 369413 Alberta Ltd. V. Pocklington, when a company breaches its contractual obligations and directors acts to further their own interests, damages may be awarded for

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