Exam 2: Torts and Professional Liability

Professionals cannot be sued for negligence as long as they have been proven to be abiding by their own professional rules of conduct.

A person could be liable for the tort of trespass:

"In order for a person to successfully sue for an assault and battery,damage or injury must be demonstrated." Comment on the accuracy of this statement.

Explain what must be established in order to succeed in a negligence action.

A person could commit a trespass even without coming onto your land.

Which of the following is an intentional tort?

Which of the following is true related to assault and battery?

In January,a driver accidentally caused a snowplow to go off the road,crash into a house,and enter the living room of that house.No one was hurt,but the incident caused extensive damage to the house.If the driver of the snowplow was charged with the crime of driving while impaired,and subsequently convicted,which of the following is true?

The tort of deceit involves:

When a person intentionally misleads another,cheating that person out of money,this is known as fraud or deceit; thus,it may be a tort or criminal conduct.

Following a broadcast on the TV station the night before about a particular city councillor having been pulled over for drunk driving,Joe,a political cartoonist,drew a cartoon of the councillor,obviously drunk and with his clothes in disarray,having difficulty walking a straight line on the road with a sober police officer looking on.This was published the next day in the paper for which Joe works.The city councillor involved had had disagreements with Joe in the past and disliked him intensely.It turned out that the story published on TV was an error,but the city councillor chose not to sue the TV reporter and the station; rather,he sued Joe for defamation.What would Joe's best defence be? Indicate the likely outcome.

Slashing a truck tire would be an example of trespass to chattels.

Sam and John drank beer and watched the Olympics for hours.When John left,he did not feel impaired,but the alcohol in his system affected his driving.He lost control of his car,which crashed through Mr.Mitsu's fence and into Mr.Mitsu's garage.Mitsu's neighbour,Mr.Watson,called the police.John was charged with driving while impaired and was found guilty in criminal proceedings.Given these facts,which of the following is true?

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

A 70-year-old woman,while using the escalator at the airport,dropped a glove.When she attempted to pick it up,she lost her balance and fell.As a result of the accident,she suffered a fractured vertebra (back bone).In an action by her against the company that was responsible for maintaining the escalator,the defendant company would argue which of the following for its best defence?

A truck was driven into the family room of a home,causing $14 000 in damage.The driver was impaired,so the homeowners called the police.The driver was arrested and charged with an offence under the Criminal Code,convicted,and sentenced.Which of the following is true?

When an employee commits a tort in the process of his or her employment,the principle of vicarious liability states that the employer,not the employee,is liable.

For his Super Bowl party,Jack bought,among other things,some Francisco mustard.Even before the game began,one of Jack's guests,Fred,made himself a sandwich using that mustard.When Fred saw another guest,Tad,making a sandwich with that mustard,Fred warned him that the sandwich did not taste right and that he (Fred)didn't feel too well.Tad ate everything else on his plate,but left the sandwich.Fred became quite ill and had to go to the hospital.It was determined that the mustard had been contaminated when it was made.Jack had bought the mustard just an hour before game time from Big Store,which had purchased it from DB Distributors Ltd.,which had purchased it from the manufacturer New Foods Ltd.On these facts,which of the following is true?

Pete and John were hired by the same computer consulting company.They worked a three-hour shift and walked to a pub,where they had several beers.John said he'd drive Pete home.Pete knew John had been drinking but agreed to go with him anyway.The alcohol affected John's driving.He lost control of the car,which crashed through Mr.Britt's fence and garage.Pete was injured.John was not injured.Britt's neighbour,Mr.Watson,called the police.John was charged with the offence of driving while impaired and was found guilty in the criminal proceedings.Given these facts,which of the following is true?

Mrs.Stare was looking out her living room window when she saw her neighbour,Mr.Phast,get in his new car and try to go from 0 to 100 kilometres per hour in just 10 seconds,like the manufacturer's ad on TV.It was a careless thing to do in this residential neighbourhood; Phast just missed hitting a child on his bike who was travelling in the same direction and couldn't see Phast's car coming.No one was hurt.Stare was angry at Phast's recklessness.On these facts,which of the following is false?