Question 1

Intentionally appropriating the goods of another can give rise to an action in

Accepted Answer

A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit. 
A)  conversion. 
B)  passing-off. 
C)  trade slander. 
D)  product defamation. 
E)  deceit.

Question 2

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 3

Once acquitted of a crime,a person cannot be sued in tort.

Accepted Answer

A) True 
 B)False

Question 4

It is possible for wrongful conduct to be both a tort and a crime.

Accepted Answer

A) True 
 B)False

Question 5

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 6

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

Accepted Answer

This is the problem of consent and a doc

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Discuss the particular legal issues that can arise through the use of the internet.

Accepted Answer

Here,students should discuss the increas

Question 9

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

Accepted Answer

First,intrusion onto somebody'

Question 10

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 paper 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 hell! 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 him and hit Clark in the back of the head.Considering the legal meaning of the following,indicate which of the following would be successful given 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 11

In the case of Procor Ltd.v.U.S.W.A.,what did the Court find?

Accepted Answer

A)  The fact that the officials were wilfully blind to the truth was enough to establish malice. 
B)  A finding of malice could not be supported because it always requires an outright lie. 
C)  A proven false statement is sufficient to support a claim of injurious falsehood, as long as some damage has resulted. 
D)  While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct. 
E)  While making unfounded accusations is unethical, it does not constitute tortious conduct. 
A)  The fact that the officials were wilfully blind to the truth was enough to establish malice. 
B)  A finding of malice could not be supported because it always requires an outright lie. 
C)  A proven false statement is sufficient to support a claim of injurious falsehood, as long as some damage has resulted. 
D)  While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct. 
E)  While making unfounded accusations is unethical, it does not constitute tortious conduct.

Question 12

Which of the following incidents describes the legal meaning of the tort of assault (without battery)?

Accepted Answer

A)  I accidentally drop a hammer on your foot. 
B)  When you are asleep in the house, I sneak up and throw a hammer through your garage window. 
C)  Unknown to you, I throw a hammer at your head but miss. 
D)  I come up from behind you without your seeing me and hit the back of your knees, causing you to fall down. 
E)  I throw a hammer at your head, but you see it coming and duck out of the way. 
A)  I accidentally drop a hammer on your foot. 
B)  When you are asleep in the house, I sneak up and throw a hammer through your garage window. 
C)  Unknown to you, I throw a hammer at your head but miss. 
D)  I come up from behind you without your seeing me and hit the back of your knees, causing you to fall down. 
E)  I throw a hammer at your head, but you see it coming and duck out of the way.

Question 13

Bubba,an angry,foul-mouthed fan,yelled insults at Rob,a professional athlete,as Rob was leaving the field.The fan suddenly rushed toward Rob,and although Rob tried to defend himself by throwing his gym bag at Bubba,Bubba hit him above the eye,causing a serious cut requiring stitches.Bubba was arrested,convicted,and sentenced in a criminal action for his attack.Rob,a starting player,missed ten games because of the injury.On these facts,which of the following is true?

Accepted Answer

A)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. 
B)  If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence. 
C)  Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings. 
D)  Rob could succeed in an action against Bubba for the tort of nuisance. 
E)  The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob. 
A)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. 
B)  If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence. 
C)  Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings. 
D)  Rob could succeed in an action against Bubba for the tort of nuisance. 
E)  The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob.

Question 14

Employee surveillance may violate privacy rights and,depending on how the information is obtained and used,may also violate human rights legislation.

Accepted Answer

A) True 
 B)False

Question 15

Which of the following is an intentional tort?

Accepted Answer

A)  negligence 
B)  frustration 
C)  breach of contract 
D)  defamation 
E)  duress and undue influence 
A)  negligence 
B)  frustration 
C)  breach of contract 
D)  defamation 
E)  duress and undue influence

Question 16

In the Alberta Court of Queen's Bench decision in Costello v.Calgary (City),the Court held that a trespass occurs if

Accepted Answer

A)  an authority takes possession of land without exercising good intentions. 
B)  an authority enters onto land pursuant to a court order. 
C)  an authority takes possession of land pursuant to an expropriation that is subsequently determined to be invalid. 
D)  an authority enters onto land with the consent of the owner. 
E)  an authority enters onto land pursuant to an intra vires legislative enactment. 
A)  an authority takes possession of land without exercising good intentions. 
B)  an authority enters onto land pursuant to a court order. 
C)  an authority takes possession of land pursuant to an expropriation that is subsequently determined to be invalid. 
D)  an authority enters onto land with the consent of the owner. 
E)  an authority enters onto land pursuant to an intra vires legislative enactment.

Question 17

Distinguish a crime from a tort.

Accepted Answer

They both involve conduct that is inhere

Question 18

Distinguish between libel and slander.

Accepted Answer

Libel is written defamation (i

Question 19

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 paper 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 hell! 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 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 given 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 20

Which of the following statements regarding privacy law is false?

Accepted Answer

A)  Self-regulation has proven most effective in the area of privacy law. 
B)  In common law, there is no tort of invasion of privacy. 
C)  Several provinces have passed legislation creating a tort of invasion of privacy. 
D)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
E)  E-commerce has resulted in increased abuse of personal information. 
A)  Self-regulation has proven most effective in the area of privacy law. 
B)  In common law, there is no tort of invasion of privacy. 
C)  Several provinces have passed legislation creating a tort of invasion of privacy. 
D)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
E)  E-commerce has resulted in increased abuse of personal information.

Intentionally appropriating the goods of another can give rise to an action in

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?

Once acquitted of a crime,a person cannot be sued in tort.

It is possible for wrongful conduct to be both a tort and a crime.

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

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

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

Discuss the particular legal issues that can arise through the use of the internet.

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

In the case of Procor Ltd.v.U.S.W.A.,what did the Court find?

Which of the following incidents describes the legal meaning of the tort of assault (without battery)?

Employee surveillance may violate privacy rights and,depending on how the information is obtained and used,may also violate human rights legislation.

Which of the following is an intentional tort?

In the Alberta Court of Queen's Bench decision in Costello v.Calgary (City),the Court held that a trespass occurs if

Distinguish a crime from a tort.

Distinguish between libel and slander.

Which of the following statements regarding privacy law is false?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 4: Intentional Torts and Torts Impacting Business

Intentionally appropriating the goods of another can give rise to an action in

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?

Once acquitted of a crime,a person cannot be sued in tort.

It is possible for wrongful conduct to be both a tort and a crime.

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

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

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

Discuss the particular legal issues that can arise through the use of the internet.

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

In the case of Procor Ltd.v.U.S.W.A.,what did the Court find?

Which of the following incidents describes the legal meaning of the tort of assault (without battery)?

Employee surveillance may violate privacy rights and,depending on how the information is obtained and used,may also violate human rights legislation.

Which of the following is an intentional tort?

In the Alberta Court of Queen's Bench decision in Costello v.Calgary (City),the Court held that a trespass occurs if

Distinguish a crime from a tort.

Distinguish between libel and slander.

Which of the following statements regarding privacy law is false?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputesthe Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance

The Elements of a Contractconsensus and Consideration

The Elements of a Contract capacity, Legality, and Intention

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal, and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters