Exam 2: Torts and Professional Liability

Mrs.Kahn arranged a trip to Europe for herself and her two children.Her husband couldn't go.She spent hours with the travel agent,Mr.Tobin,deciding on the vacation package.She asked him,and wrote a note asking again,what documents,vaccinations,etc.,would be needed for the trip.Tobin said and wrote that all they would need would be their passports.Tobin forgot to tell her that a new regulation required a note from the father allowing the children to leave Canada,although he had received a memo warning him to alert travellers of the new regulation.When Mrs.Kahn and the children reached Toronto to embark on a plane for London,England,they were stopped because she did not have the required note from Mr.Kahn.They lost their reservations for both the flight and the tour with no refund.On these facts,which of the following is true?

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

Explain how your right to defend yourself is limited.

What elements must be established in order to succeed in a negligence action?

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

Read the following and indicate the true statement.

After the courts conclude a presumption of negligence,it is up to the defendant to produce evidence that he or she was not negligent.

Explain any limitation on the principle of vicarious liability in the employment context.

Although nothing at all had been stolen,the store detective thought that Al and Ed had stolen some CDs.After they exited the store,the detective said to both of them,"Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested,Al hurried off and drove away.Ed felt compelled to submit to the detective.After some time,the police finally arrived.It was only then that the detective realized that no crime had been committed.Ed was released.On these facts,which of the following is true?

Discuss the requirement to mitigate damages in a negligence action.

In Canada,in order for a manufacturer to be held liable for injury caused by its product to an ultimate consumer,what must be shown?

A reasonable person is one who is prudent and careful.

Joe was chased onto Sam's land by a group of ruffians and hid behind Sam's rose bush to escape them,causing some damages.Sam sued for trespass; will he win?

Joe wandered onto Sam's land,not realizing that he had crossed the property line.Sam found him there and sued him for trespassing.Explain the likely outcome.

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

Which of the following actions would not result in a successful tort action by the person suing? Assume that all persons involved learn these facts.

Explain under what circumstances qualified privileges are available.

Explain what is meant by a continuing trespass.

The primary purpose of tort law is to punish wrongdoers.

If a director on the board of ABC Corp.has shares in Company XYZ and the directors of ABC Corp.are considering the acquisition of Company XYZ,that director must disclose his or her interest; he or she is still permitted to participate in discussions that influence the decision,but may not vote on the decision.