Question 1

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 2

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 3

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?

Accepted Answer

Yes he will, since t

Question 4

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 5

In the case of WeGo Kayaking Ltd. v. Sewid,

Accepted Answer

A)  malice defeated the defences of qualified privilege and fair comment. 
B)  Sevid successfully argued the defence of qualified privilege. 
C)  Sevid successfully argued the defence of fair comment. 
D)  there was no defamation because innuendo cannot be defamatory. 
E)  there was no defamation because the people alleging defamation were dishonest. 
A)  malice defeated the defences of qualified privilege and fair comment. 
B)  Sevid successfully argued the defence of qualified privilege. 
C)  Sevid successfully argued the defence of fair comment. 
D)  there was no defamation because innuendo cannot be defamatory. 
E)  there was no defamation because the people alleging defamation were dishonest.

Question 6

Which of the following is true in respect of privacy law in Canada?

Accepted Answer

A)  Organizations in the private sector are subject to legislated responsibilities with respect to the personal information they collect. 
B)  Privacy protection is found primarily in the common law. 
C)  The power to enact privacy legislation has been exclusively granted to the federal government. 
D)  Privacy laws are generally considered unnecessary because voluntary privacy protection has been so successful. 
E)  The Personal Information Protection and Electronic Documents Act is designed primarily to regulate the government in its collection, use, and disclosure of personal information. 
A)  Organizations in the private sector are subject to legislated responsibilities with respect to the personal information they collect. 
B)  Privacy protection is found primarily in the common law. 
C)  The power to enact privacy legislation has been exclusively granted to the federal government. 
D)  Privacy laws are generally considered unnecessary because voluntary privacy protection has been so successful. 
E)  The Personal Information Protection and Electronic Documents Act is designed primarily to regulate the government in its collection, use, and disclosure of personal information.

Question 7

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 8

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

Accepted Answer

A) True 
 B)False

Question 9

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 10

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd. v. Traber involves a breach of confidentiality. What does this case illustrate?

Accepted Answer

A)  A breach of confidence not only involves conveying that confidential information to someone else but can also include using it inappropriately for one's own purpose. 
B)  A breach of confidence requires that confidential information be conveyed to someone else; using it inappropriately for one's own purpose is not sufficient. 
C)  Using confidential information is a good idea, as it can provide significant business and legal advantages. 
D)  Using confidential information is unethical, but cannot be the basis for a civil action. 
E)  Using information obtained from someone else will always result in a legal action, regardless of the type of information or the manner in which the information was obtained. 
A)  A breach of confidence not only involves conveying that confidential information to someone else but can also include using it inappropriately for one's own purpose. 
B)  A breach of confidence requires that confidential information be conveyed to someone else; using it inappropriately for one's own purpose is not sufficient. 
C)  Using confidential information is a good idea, as it can provide significant business and legal advantages. 
D)  Using confidential information is unethical, but cannot be the basis for a civil action. 
E)  Using information obtained from someone else will always result in a legal action, regardless of the type of information or the manner in which the information was obtained.

Question 11

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 12

Explain where the defence of fair comment would be available.

Accepted Answer

Where someone is a public figure or some

Question 13

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, 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.

Question 14

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 15

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 16

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 17

When is a passing-off action appropriate?

Accepted Answer

When a business or product is

Question 18

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 19

An act that breaches a contract is inherently wrong.

Accepted Answer

A) True 
 B)False

Question 20

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.

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

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?

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?

In the case of WeGo Kayaking Ltd. v. Sewid,

Which of the following is true in respect of privacy law in Canada?

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.

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

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd. v. Traber involves a breach of confidentiality. What does this case illustrate?

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 ________.

Explain where the defence of fair comment would be available.

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, damages may be awarded for

Malicious prosecution occurs when a person

When is a passing-off action appropriate?

An act that breaches a contract is inherently wrong.

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

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

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?

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?

In the case of WeGo Kayaking Ltd. v. Sewid,

Which of the following is true in respect of privacy law in Canada?

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.

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

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd. v. Traber involves a breach of confidentiality. What does this case illustrate?

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 ________.

Explain where the defence of fair comment would be available.

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, damages may be awarded for

Malicious prosecution occurs when a person

When is a passing-off action appropriate?

An act that breaches a contract is inherently wrong.

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

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