Question 1

A person could commit a trespass even without coming onto your land.

Accepted Answer

A) True 
 B)False

Question 2

Some people have implied permission to be on your land.

Accepted Answer

A) True 
 B)False

Question 3

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.

Accepted Answer

A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he Falsely alleged that the mayor of Vancouver took a bribe. The editor and ten others on staff read it but decided not to print it. 
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 made an error in financial statements that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the erroneous statements, invested $10,000 and lost it all. 
E)  Ed became sick from contaminated juice bought by his mother. 
A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he Falsely alleged that the mayor of Vancouver took a bribe. The editor and ten others on staff read it but decided not to print it. 
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 made an error in financial statements that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the erroneous statements, invested $10,000 and lost it all. 
E)  Ed became sick from contaminated juice bought by his mother.

Question 4

A person will not succeed in an action for defamation unless the Falsehood has been told to some third party.

Accepted Answer

A) True 
 B)False

Question 5

Which of the following statements regarding inducing breach of contract is False?

Accepted Answer

A)  Inducing breach of contract often involves an employer persuading an employee of another business to leave that employment and work for him or her. 
B)  Inducing breach of contract requires establishing that there was a contract that was breached and that the person being sued knew about the contract and intentionally induced the breach. 
C)  Inducing breach of contract can be committed when a supplier is persuaded to abandon one customer in favour of another. 
D)  Inducing breach of contract can be committed when a customer is persuaded to breach its contract with a competing supplier. 
E)  Inducing breach of contract occurs when one party has contractually agreed to perform certain obligations and then fails to perform. 
A)  Inducing breach of contract often involves an employer persuading an employee of another business to leave that employment and work for him or her. 
B)  Inducing breach of contract requires establishing that there was a contract that was breached and that the person being sued knew about the contract and intentionally induced the breach. 
C)  Inducing breach of contract can be committed when a supplier is persuaded to abandon one customer in favour of another. 
D)  Inducing breach of contract can be committed when a customer is persuaded to breach its contract with a competing supplier. 
E)  Inducing breach of contract occurs when one party has contractually agreed to perform certain obligations and then fails to perform.

Question 6

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

Accepted Answer

Students should explain what defamation

Question 7

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?

Accepted Answer

A)  Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence. 
B)  Because Will only provided the information to his wife, the exchange is protected by spousal privilege. 
C)  Because Will did not misuse the information himself, no action will result. 
D)  Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail. 
E)  Zoe cannot sue her own lawyer. 
A)  Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence. 
B)  Because Will only provided the information to his wife, the exchange is protected by spousal privilege. 
C)  Because Will did not misuse the information himself, no action will result. 
D)  Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail. 
E)  Zoe cannot sue her own lawyer.

Question 8

Distinguish a crime from a tort.

Accepted Answer

A crime and a tort both involve conduct

Question 9

Which of the following incidents is an example of the legal meaning of the tort of assault (without battery)?

Accepted Answer

A)  A person accidentally drops a hammer on your foot. 
B)  When you are asleep in your house, a person sneaks up and throws a hammer through your garage window. 
C)  Unknown to you, a person throws a hammer at your head but misses. 
D)  A person comes up from behind you without your seeing them and hits the back of your knees, causing you to fall down. 
E)  A person throws a hammer at your head but you see it coming and duck out of the way. 
A)  A person accidentally drops a hammer on your foot. 
B)  When you are asleep in your house, a person sneaks up and throws a hammer through your garage window. 
C)  Unknown to you, a person throws a hammer at your head but misses. 
D)  A person comes up from behind you without your seeing them and hits the back of your knees, causing you to fall down. 
E)  A person throws a hammer at your head but you see it coming and duck out of the way.

Question 10

Interference with economic relations can be actionable even if no breach of contract has taken place.

Accepted Answer

A) True 
 B)False

Question 11

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 12

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

Accepted Answer

It is only necessary that the

Question 13

"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 14

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 15

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

Accepted Answer

A) True 
 B)False

Question 16

Pursuant to privacy acts, remedies ranging from damages to injunctions and accounting for profits may be awarded.

Accepted Answer

A) True 
 B)False

Question 17

Which of the following actions constitutes an assault?

Accepted Answer

A)  Bumping into another in a crowded hallway 
B)  A hearty wave from another motorist 
C)  A bystander struck by a ball during a baseball game 
D)  Pointing an unloaded gun at another who does not know whether or not the gun is loaded 
E)  A car accident where you are hit by an impaired driver 
A)  Bumping into another in a crowded hallway 
B)  A hearty wave from another motorist 
C)  A bystander struck by a ball during a baseball game 
D)  Pointing an unloaded gun at another who does not know whether or not the gun is loaded 
E)  A car accident where you are hit by an impaired driver

Question 18

With regard to the law of tort, which of the following is False?

Accepted Answer

A)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness. 
B)  An act must be intentional to be classified as a tort. 
C)  Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property. 
D)  Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision. 
E)  If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant. 
A)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness. 
B)  An act must be intentional to be classified as a tort. 
C)  Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property. 
D)  Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision. 
E)  If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant.

Question 19

Explain under what circumstances the defence of fair comment can be lost.

Accepted Answer

If the statement is motivated by malicio

Question 20

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.

A person could commit a trespass even without coming onto your land.

Some people have implied permission to be on your land.

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.

A person will not succeed in an action for defamation unless the Falsehood has been told to some third party.

Which of the following statements regarding inducing breach of contract is False?

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

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?

Distinguish a crime from a tort.

Which of the following incidents is an example of the legal meaning of the tort of assault (without battery)?

Interference with economic relations can be actionable even if no breach of contract has taken place.

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

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

"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.

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

Pursuant to privacy acts, remedies ranging from damages to injunctions and accounting for profits may be awarded.

Which of the following actions constitutes an assault?

With regard to the law of tort, which of the following is False?

Explain under what circumstances the defence of fair comment can be lost.

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

A person could commit a trespass even without coming onto your land.

Some people have implied permission to be on your land.

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.

A person will not succeed in an action for defamation unless the Falsehood has been told to some third party.

Which of the following statements regarding inducing breach of contract is False?

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

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?

Distinguish a crime from a tort.

Which of the following incidents is an example of the legal meaning of the tort of assault (without battery)?

Interference with economic relations can be actionable even if no breach of contract has taken place.

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

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of that statement.

"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.

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

Pursuant to privacy acts, remedies ranging from damages to injunctions and accounting for profits may be awarded.

Which of the following actions constitutes an assault?

With regard to the law of tort, which of the following is False?

Explain under what circumstances the defence of fair comment can be lost.

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