Question 1

Give three examples where tort standards have been modified by legislation.

Accepted Answer

1.Occupiers' Liability Act 2.d

Question 2

A recent case involved a fight that broke out at the Commodore,a dance hall.During a break in the music,the master of ceremonies was attacked.When the Commodore's security team failed to appear,the plaintiff,Mr.Jeffrey,a patron,joined other patrons who intervened.Jeffrey was hit from behind with a chair and punched in the jaw.He sued Commodore Cabaret Ltd.,the company that managed the premises and entertainment,on these facts.Which of the following is false?

Accepted Answer

A) The company has a duty under the Occupiers' Liability Act to take reasonable steps to ensure that patrons are reasonably safe. 
B) If the defendant argued and the court found that Jeffrey was contributorily negligent,Jeffrey would receive some damages for compensation. 
C) Jeffrey could have successfully sued the person who punched him in the jaw for the tort of negligence. 
D) Jeffrey's cause of action against the company could be framed in negligence because he could argue that the company owed him a duty of care,fell below the standard of care,and caused him foreseeable damage. 
E) If the defendant argued and the court found that Jeffrey had volunteered to take both the physical and the legal risk,Jeffrey would lose and receive no damages. 
A) The company has a duty under the Occupiers' Liability Act to take reasonable steps to ensure that patrons are reasonably safe. 
B) If the defendant argued and the court found that Jeffrey was contributorily negligent,Jeffrey would receive some damages for compensation. 
C) Jeffrey could have successfully sued the person who punched him in the jaw for the tort of negligence. 
D) Jeffrey's cause of action against the company could be framed in negligence because he could argue that the company owed him a duty of care,fell below the standard of care,and caused him foreseeable damage. 
E) If the defendant argued and the court found that Jeffrey had volunteered to take both the physical and the legal risk,Jeffrey would lose and receive no damages.

Question 3

Define defamation.

Accepted Answer

Defamation is a false statemen

Question 4

Which of the following actions constitutes an assault?

Accepted Answer

A) pointing an unloaded gun at another who does not know whether or not the gun is loaded 
B) a rude gesture from another motorist 
C) a car accident in which you are hit by an impaired driver 
D) bumping into another person in a crowded hallway 
E) a bystander struck by a ball during a baseball game 
A) pointing an unloaded gun at another who does not know whether or not the gun is loaded 
B) a rude gesture from another motorist 
C) a car accident in which you are hit by an impaired driver 
D) bumping into another person in a crowded hallway 
E) a bystander struck by a ball during a baseball game

Question 5

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

Accepted Answer

A) When you cause injury,you are always liable. 
B) an average person acting normally 
C) the best possible response to the circumstance 
D) a careful person acting to the best of his or her ability 
E) a reasonably prudent person acting in a careful manner 
A) When you cause injury,you are always liable. 
B) an average person acting normally 
C) the best possible response to the circumstance 
D) a careful person acting to the best of his or her ability 
E) a reasonably prudent person acting in a careful manner

Question 6

Which of the following statements describes the standard expected of experts?

Accepted Answer

A) They require skills and abilities expected of an average person. 
B) They must exercise skill with the degree of care expected of a reasonable person in that profession. 
C) Inexperience excuses incompetence. 
D) The standard of an expert needs to be perfection. 
E) Common practice always sets the appropriate standard. 
A) They require skills and abilities expected of an average person. 
B) They must exercise skill with the degree of care expected of a reasonable person in that profession. 
C) Inexperience excuses incompetence. 
D) The standard of an expert needs to be perfection. 
E) Common practice always sets the appropriate standard.

Question 7

Regarding the tort of false imprisonment,will anything short of complete restraint amount to imprisonment?

Accepted Answer

Yes,when one person surrenders

Question 8

Explain when negligence can constitute a crime under the Criminal Code.

Accepted Answer

Negligence can constitute a crime under

Question 9

Explain what is meant by innuendo.

Accepted Answer

An innuendo involves a hidden

Question 10

Joe went to Sam the barber for a haircut.When Sam finished,Joe looked in the mirror and was horrified; he refused to pay and got up to leave.Sam refused to let him go,this being the third customer that day who had tried to leave without paying.Sam insisted that Joe stay while he phoned the police.Joe did so.When the police arrived and Sam explained the situation to them,the police told him that they wouldn't arrest Joe,and that Sam would have to pursue other remedies.Joe later sued Sam for false imprisonment.Explain the likely outcome.

Accepted Answer

Joe would win.The time during which he w

Question 11

The simplest way to describe the tort of negligence is as follows:

Accepted Answer

A) careless conduct leading to punishment of the wrongdoer. 
B) inadvertent conduct which always leads to compensation. 
C) strict liability causing loss. 
D) fault causing loss. 
E) no-fault compensation. 
A) careless conduct leading to punishment of the wrongdoer. 
B) inadvertent conduct which always leads to compensation. 
C) strict liability causing loss. 
D) fault causing loss. 
E) no-fault compensation.

Question 12

Which of the following is true with respect to the law of tort?

Accepted Answer

A) With assault and battery,a person can successfully sue only if he or she can prove damages. 
B) A person will always succeed with the defence of self-defence even if he or she used excessive force. 
C) 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. 
D) A customer battered by an employee on the job can sue only the employee,not the employer,because it was the employee who did the wrong. 
E) For fair comment to be an effective legal defence to a claim of defamation,the comment must have been made in Parliament or in court. 
A) With assault and battery,a person can successfully sue only if he or she can prove damages. 
B) A person will always succeed with the defence of self-defence even if he or she used excessive force. 
C) 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. 
D) A customer battered by an employee on the job can sue only the employee,not the employer,because it was the employee who did the wrong. 
E) For fair comment to be an effective legal defence to a claim of defamation,the comment must have been made in Parliament or in court.

Question 13

Which of the following is true with regard to the torts of assault and battery?

Accepted Answer

A) The amount of damages paid to Joe,injured by another's battery,will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
B) For consent to be an effective legal defence to a claim of battery,the person hit must have been surprised by the incident. 
C) A person will always succeed with the defence of self-defence even if he or she used excessive force. 
D) Both torts are "actionable per se"; that is,a person can successfully sue without having to prove damages. 
E) Assault is the threat of interference viewed as harmful by the victim. 
A) The amount of damages paid to Joe,injured by another's battery,will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
B) For consent to be an effective legal defence to a claim of battery,the person hit must have been surprised by the incident. 
C) A person will always succeed with the defence of self-defence even if he or she used excessive force. 
D) Both torts are "actionable per se"; that is,a person can successfully sue without having to prove damages. 
E) Assault is the threat of interference viewed as harmful by the victim.

Question 14

Explain what is meant by the "reasonable person" test.

Accepted Answer

This test is used in many areas but is e

Question 15

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

Accepted Answer

A) that he or she act sincerely and as may reasonably be expected of a skilled professional 
B) that he or she act as a reasonably prudent person 
C) that he or she act as may reasonably be expected of the normally skilled professional in that class 
D) that he or she act sincerely and with goodwill 
E) that he or she act to the very best of his or her ability 
A) that he or she act sincerely and as may reasonably be expected of a skilled professional 
B) that he or she act as a reasonably prudent person 
C) that he or she act as may reasonably be expected of the normally skilled professional in that class 
D) that he or she act sincerely and with goodwill 
E) that he or she act to the very best of his or her ability

Question 16

Joe is a publisher of a newspaper and relied on Harry's account when he published an article stating that a councillor,Sam,had been caught making indecent telephone calls.It turned out that Joe had misunderstood,and someone else had made the calls.Sam sued for defamation.Will he succeed?

Accepted Answer

Yes,mistak

Question 17

Explain the defence of "reasonable communication" and its importance in the area of defamation.

Accepted Answer

The Supreme Court of Canada made an extr

Question 18

After the Leans began to use their new swimming pool,they found that they could not enjoy it because of the smell coming from their neighbour's chicken coop.They knew of the chickens when they moved in,but had no idea that the smell could be so overpowering,especially during the summer.Which of the following is true with regard to the legal position of the parties?

Accepted Answer

A) The Leans would have to sue in nuisance if they hope to succeed. 
B) The Leans could sue for assault. 
C) The Leans can sue for trespass. 
D) This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances. 
E) There is nothing the Leans can do. 
A) The Leans would have to sue in nuisance if they hope to succeed. 
B) The Leans could sue for assault. 
C) The Leans can sue for trespass. 
D) This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances. 
E) There is nothing the Leans can do.

Question 19

Distinguish between assault and battery.

Accepted Answer

A battery involves actual phys

Question 20

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

Give three examples where tort standards have been modified by legislation.

Define defamation.

Which of the following actions constitutes an assault?

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

Which of the following statements describes the standard expected of experts?

Regarding the tort of false imprisonment,will anything short of complete restraint amount to imprisonment?

Explain when negligence can constitute a crime under the Criminal Code.

Explain what is meant by innuendo.

The simplest way to describe the tort of negligence is as follows:

Which of the following is true with respect to the law of tort?

Which of the following is true with regard to the torts of assault and battery?

Explain what is meant by the "reasonable person" test.

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

Joe is a publisher of a newspaper and relied on Harry's account when he published an article stating that a councillor,Sam,had been caught making indecent telephone calls.It turned out that Joe had misunderstood,and someone else had made the calls.Sam sued for defamation.Will he succeed?

Explain the defence of "reasonable communication" and its importance in the area of defamation.

Distinguish between assault and battery.

When a company puts extensive pressure on another to breach its employment relationship with a long-term employee,damages may be awarded for:

The Canadian Legal System

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters

Exam 2: Torts and Professional Liability

Give three examples where tort standards have been modified by legislation.

Define defamation.

Which of the following actions constitutes an assault?

Which of the following statements best describes the standard used by the courts to measure socially acceptable behaviour?

Which of the following statements describes the standard expected of experts?

Regarding the tort of false imprisonment,will anything short of complete restraint amount to imprisonment?

Explain when negligence can constitute a crime under the Criminal Code.

Explain what is meant by innuendo.

The simplest way to describe the tort of negligence is as follows:

Which of the following is true with respect to the law of tort?

Which of the following is true with regard to the torts of assault and battery?

Explain what is meant by the "reasonable person" test.

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

Joe is a publisher of a newspaper and relied on Harry's account when he published an article stating that a councillor,Sam,had been caught making indecent telephone calls.It turned out that Joe had misunderstood,and someone else had made the calls.Sam sued for defamation.Will he succeed?

Explain the defence of "reasonable communication" and its importance in the area of defamation.

Distinguish between assault and battery.

When a company puts extensive pressure on another to breach its employment relationship with a long-term employee,damages may be awarded for:

The Canadian Legal System

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters