Exam 2: Torts and Professional Liability

Jack works as a financial planning consultant for Adco Ltd.,a company that provides financial advice to its clients.At a three-martini lunch with Benson,one of Adco's clients,and Carson,a friend of Benson,Jack mistakenly advised Benson to buy shares of Moose Jaw Mining because he thought that Adco had investigated the prospects of the company.In fact,Adco had investigated Goose Jaw Mining and was recommending it to its clients.As it turned out,Benson ignored Jack's advice but Carson bought a lot of Moose Jaw shares and lost all of his money when the mining operation went broke.Which one of the following statements accurately describes Carson's legal situation?

Negligence cannot constitute a crime under the Criminal Code of Canada; it is the domain of civil courts.

Intentionally depriving another of the possession or use of his or her personal property can give rise to an action in:

Which of the following statements with regard to the tort of negligence is true?

Marco is a clothing designer whose business is failing.He believes that he will be able to sell more of his clothing and accessories if he puts a Calvin Klein label on them.Why is this not a good idea?

Indicate why the Donoghue v.Stevenson case (the snail in the ginger beer bottle)was so important in the development of negligence law.

Discuss the role of insurance,especially compulsory insurance,and how it relates to tort law.

Mary was referred by her family doctor to a surgeon to discuss the possibility of having her gallbladder removed laparoscopically.During the course of meeting with the surgeon she was told that there were certain risks associated with undergoing the procedure but that these risks were small.She elected to undergo the procedure.During the course of the procedure the doctor "nicked" an artery causing a significant internal bleed that required significant additional surgery to repair.Mary sued the doctor for battery.Her case in court will

Which of the following does not describe a crime?

The provincial government thought that the only way to make businesses competitive with those from other countries was to make more information available to them about market conditions,currencies,etc.around the world.It began a program of incentives that included a government office that would give people not only business information but also advice on how the businesses could link to the government's database that held the information.Mr.Su relied on some information given to him by Alex Chec,an employee of the government.The information was wrong due to a mistake made by an operator entering data.It was Chec's job to cross-check that information before it was released to the public.He forgot to do this.Su suffered a $10 000 loss because of the error.Which of the following is true?

When a doctor treats or operates on a patient,explain why that patient cannot sue for battery.

If a television broadcaster makes disparaging remarks about all immigrants in Canada,the broadcaster could be sued successfully for defamation by any immigrant in Canada.

To have its schools valued for insurance purposes,a school district hired a firm of surveyors to give it a statement of value.To prepare the report,the surveyors took the relevant measurements,which were then given to a statistical tabulating company that does calculations based on the measurements.Surveyors always use the services of such tabulating companies.An error was made in the calculations,so the surveyors' report was wrong.Therefore,the buildings were underinsured.When one of the school buildings was destroyed by fire,the school district did not get sufficient funds from the insurance company to rebuild it.On these facts,which of the following is true? (Assume that the school district has the ability to sue and be sued in court.)

Bill and Joe are neighbours.Joe has a swimming pool in his backyard.Every weekend Joe plays softball with a group of co-workers.He brings the entire team back to his house and they swim in his pool.Joe also plays loud music in the backyard until early morning hours.Bill has asked him to stop but he refuses.Joe's actions constitute

An employee prepared an appraisal of a property for his real estate development company.The employee had been told that the appraisal would be used by the company to attract a potential investor,Mr.Jones,for the company's client,Mr.Lee.Because the appraiser carelessly forgot to check the recent changes in the zoning by-laws,the appraisal was not accurate.Mr.Jones was misled about the value of the land and suffered a financial loss of $20 000.On these facts,which of the following is true?

Joe was driving his automobile when Sam came out from a side street and went through a stop sign without stopping,almost causing an accident.Joe swerved to avoid Sam and was successful in doing so.He wrote down Sam's licence plate number and sued Sam for his negligent driving.Indicate the expected result.

Which of the following actions would result in a successful tort action by the person or persons wronged? Assume that all persons involved learn these facts.

If someone sells imitation Seiko watches without permission,for what can that person be sued by Seiko?

What is a tort?

A person could be liable for the tort of trespass: