Question 1

Explain how the courts determine whether a duty of care exists in a negligence action.

Accepted Answer

The test of reasonable foreseeability ap

Question 2

You and your friend recently bought a duplex.You rent out the downstairs and live in the upstairs suite.As the owner and occupier,you have acquired certain rights and responsibilities.Which of the following statements about the law relating to land is true?

Accepted Answer

A) If you bring something onto your property that is inherently dangerous and it escapes and causes damage to others,you will be liable even if you were very careful and did not intend to harm anyone. 
B) The use of your property is partly governed by fiduciary duty. 
C) If there were an accident out front and a car were knocked into your yard,you could sue the driver in that car for trespass. 
D) You could sue for the tort of negligence if someone used his or her property in such a way that it interfered with the use and enjoyment of your property. 
E) Your tenants have no duty to take reasonable steps to make sure that any person is reasonably safe when in their suite. 
A) If you bring something onto your property that is inherently dangerous and it escapes and causes damage to others,you will be liable even if you were very careful and did not intend to harm anyone. 
B) The use of your property is partly governed by fiduciary duty. 
C) If there were an accident out front and a car were knocked into your yard,you could sue the driver in that car for trespass. 
D) You could sue for the tort of negligence if someone used his or her property in such a way that it interfered with the use and enjoyment of your property. 
E) Your tenants have no duty to take reasonable steps to make sure that any person is reasonably safe when in their suite.

Question 3

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Accepted Answer

The answer of The term that is used in tort...

Question 4

Explain when the defence of fair comment would be available.

Accepted Answer

Where someone is a public figure or some

Question 5

When a person throws a hammer at another person and that person ducks,this is an example of battery.

Accepted Answer

A) True 
 B)False

Question 6

In which of the following would the plaintiff not succeed in an action for negligence?

Accepted Answer

A) A real estate agent accidentally forgot to lock the back door of the house he had just shown.Before the owner returned,someone broke in and stole the TV.The owner sued the agent. 
B) Dr.Zotsky used the skill of a reasonable doctor in that field,but the patient did not respond to the treatment and lost sight in one eye.She sued the doctor. 
C) May was made sick by drinking a contaminated cola bought for her by her friend Fred.She sued the manufacturer. 
D) A real estate agent failed to check the zoning and assured the purchasers that they could build a duplex on the property.Relying on that statement,they purchased the property. 
E) Nick was hurt when the driver of a Gino's pizza truck carelessly ran through a yellow traffic light on his way to deliver a pizza.Nick sued the driver and Gino,the driver's employer,although Gino wasn't in the truck. 
A) A real estate agent accidentally forgot to lock the back door of the house he had just shown.Before the owner returned,someone broke in and stole the TV.The owner sued the agent. 
B) Dr.Zotsky used the skill of a reasonable doctor in that field,but the patient did not respond to the treatment and lost sight in one eye.She sued the doctor. 
C) May was made sick by drinking a contaminated cola bought for her by her friend Fred.She sued the manufacturer. 
D) A real estate agent failed to check the zoning and assured the purchasers that they could build a duplex on the property.Relying on that statement,they purchased the property. 
E) Nick was hurt when the driver of a Gino's pizza truck carelessly ran through a yellow traffic light on his way to deliver a pizza.Nick sued the driver and Gino,the driver's employer,although Gino wasn't in the truck.

Question 7

Al bought a case of beer because his friends were coming over to watch the Grey Cup.During the game,Al opened a beer,poured about a third of it into Bob's glass,and handed the can to Chuck.Bob noticed the strange orange colour of the beer and called everyone's attention to it; unfortunately,Chuck had drunk most of the beer from the can before he heard Bob.There had been a small battery in the can that had contaminated the beer.Chuck was seriously injured.On these facts,which of the following is true?

Accepted Answer

A) Since Chuck did not buy the beer,he has no cause of action against anyone. 
B) Bob could sue Al successfully for negligence,because Al poured the contaminated beer into Bob's glass. 
C) Chuck could sue Al successfully for negligence,because Al handed the contaminated beer to Chuck. 
D) Bob could successfully sue the manufacturer for negligence because he need only prove that the manufacturer owed him a duty of care and need not prove damages. 
E) Because Chuck did not buy the beer,he could not sue the seller for breach of contract,but he could sue the beer manufacturer in tort. 
A) Since Chuck did not buy the beer,he has no cause of action against anyone. 
B) Bob could sue Al successfully for negligence,because Al poured the contaminated beer into Bob's glass. 
C) Chuck could sue Al successfully for negligence,because Al handed the contaminated beer to Chuck. 
D) Bob could successfully sue the manufacturer for negligence because he need only prove that the manufacturer owed him a duty of care and need not prove damages. 
E) Because Chuck did not buy the beer,he could not sue the seller for breach of contract,but he could sue the beer manufacturer in tort.

Question 8

Explain the principle of vicarious liability and give an example.

Accepted Answer

Vicarious liability occurs when one pers

Question 9

After the McLeans filled their swimming pool,recently built in their backyard,swarms of bees came regularly for water.The bees stung everyone,including the dog,and made it impossible for the McLeans to enjoy the use of their pool.Unknown to the McLeans when they had the pool installed,their neighbour Springborn had beehives on his property.On these facts,which of the following is true?

Accepted Answer

A) The McLeans have an action against Springborn for nuisance. 
B) The McLeans have an action against Springborn for assault. 
C) Springborn would successfully use the defence of absolute privilege. 
D) The McLeans have an action against Springborn under the Occupiers' Liability Act. 
E) The McLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act. 
A) The McLeans have an action against Springborn for nuisance. 
B) The McLeans have an action against Springborn for assault. 
C) Springborn would successfully use the defence of absolute privilege. 
D) The McLeans have an action against Springborn under the Occupiers' Liability Act. 
E) The McLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.

Question 10

Bubba,an angry,foul-mouthed fan,yelled insults at Rob,a professional athlete,as Rob was leaving the field.Bubba then suddenly rushed toward Rob.Although Rob tried to defend himself by throwing his gym bag at Bubba,Bubba hit Rob above the eye,causing a serious cut that required stitches.Bubba was arrested,convicted,and sentenced in a criminal action for his attack.Rob,a starting player,missed 10 games because of the injury.On these facts,which of the following is true?

Accepted Answer

A) 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 toward Rob. 
B) The insults yelled at Rob would in themselves give Rob the right to hit Bubba with his gym bag. 
C) Rob could succeed in an action against Bubba for the tort of nuisance. 
D) 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. 
E) 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. 
A) 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 toward Rob. 
B) The insults yelled at Rob would in themselves give Rob the right to hit Bubba with his gym bag. 
C) Rob could succeed in an action against Bubba for the tort of nuisance. 
D) 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. 
E) 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.

Question 11

Distinguish between a tort and a breach of contract.

Accepted Answer

A tort involves conduct that i

Question 12

Which of the following situations could result in a successful action for negligence?

Accepted Answer

A) A doctor,acting in the best interest of his patient Alex (who had lost blood after a serious cut),gave him a transfusion even though Alex told him explicitly not to do so. 
B) An employee of the bank mistakenly wrote to Sean saying that the bank had approved his loan.Relying on that letter,Sean made contracts he could not honour when the bank refused to forward the money.Sean lost $10 000 because of the bank's carelessness. 
C) George deliberately broke an expensive camera when he yanked on a large cable. 
D) When Eric was setting up the lighting in a backyard rented for a night shoot,he fell into a hole and broke his leg.The owner had previously notified the director that he had been digging a hole to plant an apple tree. 
E) Dr.Jones used the skill of a reasonable doctor in that field,but the patient did not respond to the treatment and lost sight in one eye.The patient sued the doctor. 
A) A doctor,acting in the best interest of his patient Alex (who had lost blood after a serious cut),gave him a transfusion even though Alex told him explicitly not to do so. 
B) An employee of the bank mistakenly wrote to Sean saying that the bank had approved his loan.Relying on that letter,Sean made contracts he could not honour when the bank refused to forward the money.Sean lost $10 000 because of the bank's carelessness. 
C) George deliberately broke an expensive camera when he yanked on a large cable. 
D) When Eric was setting up the lighting in a backyard rented for a night shoot,he fell into a hole and broke his leg.The owner had previously notified the director that he had been digging a hole to plant an apple tree. 
E) Dr.Jones used the skill of a reasonable doctor in that field,but the patient did not respond to the treatment and lost sight in one eye.The patient sued the doctor.

Question 13

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue the neighbour for negligence and win.Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

Accepted Answer

Tom would have to prove that a duty was

Question 14

A land appraiser prepared an appraisal of a property for a real estate development company.The appraiser had been told that the appraisal would be used by the company to attract potential investors.Because the appraiser forgot to check the recent changes in the zoning by-laws,the appraisal was not accurate; the investor,a party unknown to the appraiser,was misled about the value of the land and,consequently,suffered a financial loss.On these facts,which of the following is true?

Accepted Answer

A) A land appraiser owes a duty of care to his client and to potential investors only if he knows the name of the investor. 
B) The investor may sue the appraiser for negligent misstatement that resulted in economic loss. 
C) The investor must suffer his own loss,because an investor takes the risk and so must take care. 
D) A land appraiser owes a duty of care to his client and the company,but not to any potential investors. 
E) A person cannot be sued for words that cause loss,only for actions that cause physical injury. 
A) A land appraiser owes a duty of care to his client and to potential investors only if he knows the name of the investor. 
B) The investor may sue the appraiser for negligent misstatement that resulted in economic loss. 
C) The investor must suffer his own loss,because an investor takes the risk and so must take care. 
D) A land appraiser owes a duty of care to his client and the company,but not to any potential investors. 
E) A person cannot be sued for words that cause loss,only for actions that cause physical injury.

Question 15

A mean-spirited neighbour,Lahey,yelled insults at Rob,a real estate agent,as Rob was leaving an open house.Lahey then suddenly rushed toward Rob.Although Rob tried to defend himself by throwing his briefcase at Lahey,Lahey hit him above the eye,causing a serious cut that required stitches.Lahey was arrested,convicted,and sentenced in a criminal action for his attack.Rob couldn't work for two months because of the injury.On these facts,which of the following is false?

Accepted Answer

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

Question 16

Mary was driving down the road when Sam came out from a side road,went through a stop sign without stopping,and struck the side of her car.Upon later examination of Mary's car,it was determined that the brakes were worn down beyond the point of safety.Sam sued her for negligence.Explain the likely result.

Accepted Answer

If Mary didn't notice Sam and didn't tou

Question 17

A principle established in Donoghue v.Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.

Accepted Answer

A) True 
 B)False

Question 18

Explain in what circumstances the defence of absolute privilege is available in defamation action.

Accepted Answer

Absolute privilege is availabl

Question 19

As a result of careless driving,Mr.Boz accidentally knocked Mr.Alder,a 70-year-old man,off his bike.Alder broke an arm and collarbone.Because of a rare disease,there was little likelihood that the breaks would heal properly,if at all.In effect,unlike most who would suffer those breaks,Alder lost the use of his right arm.Alder sued Boz for negligence.The court held Boz liable.With regard to the question of the amount of damages to be paid by the defendant,which of the following is correct?

Accepted Answer

A) an amount to cover the extent of injury that would have been suffered by the average 70-year-old man,because a reasonable man would not have foreseen the extent of injury actually suffered 
B) an amount to cover the extent of injury that would have been suffered by a reasonable man 
C) an amount to cover the full extent of the injury suffered 
D) an amount to cover the extent of injury that would have been suffered by the average man 
E) no compensation at all because of Alder's rare condition 
A) an amount to cover the extent of injury that would have been suffered by the average 70-year-old man,because a reasonable man would not have foreseen the extent of injury actually suffered 
B) an amount to cover the extent of injury that would have been suffered by a reasonable man 
C) an amount to cover the full extent of the injury suffered 
D) an amount to cover the extent of injury that would have been suffered by the average man 
E) no compensation at all because of Alder's rare condition

Question 20

Under what circumstances would one sue for nuisance?

Accepted Answer

This is a tort action available where pr

Explain how the courts determine whether a duty of care exists in a negligence action.

You and your friend recently bought a duplex.You rent out the downstairs and live in the upstairs suite.As the owner and occupier,you have acquired certain rights and responsibilities.Which of the following statements about the law relating to land is true?

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Explain when the defence of fair comment would be available.

When a person throws a hammer at another person and that person ducks,this is an example of battery.

In which of the following would the plaintiff not succeed in an action for negligence?

Explain the principle of vicarious liability and give an example.

Distinguish between a tort and a breach of contract.

Which of the following situations could result in a successful action for negligence?

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue the neighbour for negligence and win.Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

A principle established in Donoghue v.Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.

Explain in what circumstances the defence of absolute privilege is available in defamation action.

Under what circumstances would one sue for nuisance?

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Exam 2: Torts and Professional Liability

Explain how the courts determine whether a duty of care exists in a negligence action.

You and your friend recently bought a duplex.You rent out the downstairs and live in the upstairs suite.As the owner and occupier,you have acquired certain rights and responsibilities.Which of the following statements about the law relating to land is true?

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Explain when the defence of fair comment would be available.

When a person throws a hammer at another person and that person ducks,this is an example of battery.

In which of the following would the plaintiff not succeed in an action for negligence?

Explain the principle of vicarious liability and give an example.

Distinguish between a tort and a breach of contract.

Which of the following situations could result in a successful action for negligence?

Tom is complaining about the carelessness of his neighbour and asks you if you think he could sue the neighbour for negligence and win.Explain what a plaintiff must prove in order to sue successfully for the tort of negligence and have the defendant pay 100% of his loss.

A principle established in Donoghue v.Stevenson is the test used to determine the standard of care that must be exercised by the defendant to escape liability.

Explain in what circumstances the defence of absolute privilege is available in defamation action.

Under what circumstances would one sue for nuisance?

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