Question 1

Outline the elements required for a breach of confidence.

Accepted Answer

A breach of confidence takes place where (1) the information is of a confidential nature, (2) is given in confidence, and (3) is misused by the person to whom it was conveyed.

Question 2

Interference with economic relations is actionable even where no breach of contract has taken place, but

Accepted Answer

A)  the conduct complained of must have been unintentional, otherwise the action will not succeed. 
B)  the conduct complained of must not have result in actual harm, otherwise the action will not succeed. 
C)  there must be some instance of negligence associated with the complaint, such as a product liability claim. 
D)  no damages can be awarded in such an action. 
E)  there must be some other unlawful conduct associated with the complaint, such as bribery or defamation. 
A)  the conduct complained of must have been unintentional, otherwise the action will not succeed. 
B)  the conduct complained of must not have result in actual harm, otherwise the action will not succeed. 
C)  there must be some instance of negligence associated with the complaint, such as a product liability claim. 
D)  no damages can be awarded in such an action. 
E)  there must be some other unlawful conduct associated with the complaint, such as bribery or defamation. E

Question 3

It is possible for wrongful conduct to be both a tort and a crime.

Accepted Answer

A) True 
 B)False  True

Question 4

The primary purpose of tort law is to punish wrongdoers.

Accepted Answer

A) True 
 B)False

Question 5

Joe is a publisher for 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 later that Joe had misunderstood, and it was someone else that had made the calls. Sam sued for defamation. Will he succeed?

Accepted Answer

Yes, mistake is no d

Question 6

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?

Accepted Answer

Yes he will; this wa

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

Explain the difference between qualified and absolute privilege.

Accepted Answer

Where absolute privilege is involved, it

Question 9

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

Accepted Answer

A)  may be inconvenient, but do not expose the business to liability. 
B)  can result in actions against the business on the basis of vicarious liability. 
C)  should be ignored so as to avoid attracting liability. 
D)  can lead to employees being held liable, but will not impact the business itself. 
E)  are extremely rare and so are not worthy of concern. 
A)  may be inconvenient, but do not expose the business to liability. 
B)  can result in actions against the business on the basis of vicarious liability. 
C)  should be ignored so as to avoid attracting liability. 
D)  can lead to employees being held liable, but will not impact the business itself. 
E)  are extremely rare and so are not worthy of concern.

Question 10

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

Accepted Answer

A)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
B)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
C)  Ed became sick from consuming too much alcohol that he had purchased from the store. 
D)  An accountant accurately prepared the financial statements of a corporation that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10 000 and lost it all. 
E)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver. 
A)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
B)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
C)  Ed became sick from consuming too much alcohol that he had purchased from the store. 
D)  An accountant accurately prepared the financial statements of a corporation that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10 000 and lost it all. 
E)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver.

Question 11

Trevor and Roger, employees of Ezon Ltd., accidentally dropped a crate that they were unloading. The crate just missed an 80-year-old lady, Mrs. Sloe, who was on her way to the bus stop. She was not hurt at all, nor upset because it fell behind her. Just to be sure she wasn't hurt or upset, Trevor said, "Let me take your arm and help you to the bus." She agreed, so he took her by the arm and walked with her for the rest of the block. When they arrived at the bus stop where others were waiting, she then turned to him, screaming, "Let go of me! You have no right to touch me!" With that, she hit him with her purse. On these facts, which of the following is true?

Accepted Answer

A)  Mrs. Sloe could successfully sue Trevor for battery. 
B)  In a negligence action, the standard of care owed by workers is to do the best they can. 
C)  To avoid a negligence action, the standard of care owed by workers is to act sincerely and with goodwill. 
D)  Mrs. Sloe could successfully sue Trevor and Roger for negligence. 
E)  In law, the battery was committed by Mrs. Sloe. 
A)  Mrs. Sloe could successfully sue Trevor for battery. 
B)  In a negligence action, the standard of care owed by workers is to do the best they can. 
C)  To avoid a negligence action, the standard of care owed by workers is to act sincerely and with goodwill. 
D)  Mrs. Sloe could successfully sue Trevor and Roger for negligence. 
E)  In law, the battery was committed by Mrs. Sloe.

Question 12

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

Accepted Answer

A) True 
 B)False

Question 13

In the case of Bahner v. Marwest Hotel Co., the Court held that Mr. Bahner

Accepted Answer

A)  had not been imprisoned at all. 
B)  had been imprisoned, but only in a lawful manner. 
C)  had been falsely imprisoned, but only by the restaurant security guard who detained him without authority. 
D)  had been falsely imprisoned twice, once at the restaurant security guard and once by the police. 
E)  had been falsely imprisoned, but only by the police who arrested him in the absence of a criminal act. 
A)  had not been imprisoned at all. 
B)  had been imprisoned, but only in a lawful manner. 
C)  had been falsely imprisoned, but only by the restaurant security guard who detained him without authority. 
D)  had been falsely imprisoned twice, once at the restaurant security guard and once by the police. 
E)  had been falsely imprisoned, but only by the police who arrested him in the absence of a criminal act.

Question 14

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

Accepted Answer

A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely alleged that the mayor of Vancouver took a bribe. The editor and ten others on staff read it but decided not to print it. 
B)  An accountant made an error in financial statements that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the erroneous statements, invested $10,000 and lost it all. 
C)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
D)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
E)  Ed became sick from contaminated juice bought by his mother. 
A)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely alleged that the mayor of Vancouver took a bribe. The editor and ten others on staff read it but decided not to print it. 
B)  An accountant made an error in financial statements that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the erroneous statements, invested $10,000 and lost it all. 
C)  A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came. 
D)  When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit. 
E)  Ed became sick from contaminated juice bought by his mother.

Question 15

Read the following and indicate the true statement.

Accepted Answer

A)  If a person suffers a loss because a salesman knowingly made a false statement that he knew the other would rely on to his detriment, the cause of action could be defamation. 
B)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be negligence. 
C)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be breach of contract. 
D)  If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance. 
E)  If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence. 
A)  If a person suffers a loss because a salesman knowingly made a false statement that he knew the other would rely on to his detriment, the cause of action could be defamation. 
B)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be negligence. 
C)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be breach of contract. 
D)  If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance. 
E)  If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence.

Question 16

In the Alberta Court of Queen's Bench decision in Costello v. Calgary (City), the Court held that a trespass occurs if

Accepted Answer

A)  an authority takes possession of land pursuant to an expropriation that is subsequently determined to be invalid. 
B)  an authority enters onto land with the consent of the owner. 
C)  an authority takes possession of land without exercising good intentions. 
D)  an authority enters onto land pursuant to an intra vires legislative enactment. 
E)  an authority enters onto land pursuant to a court order. 
A)  an authority takes possession of land pursuant to an expropriation that is subsequently determined to be invalid. 
B)  an authority enters onto land with the consent of the owner. 
C)  an authority takes possession of land without exercising good intentions. 
D)  an authority enters onto land pursuant to an intra vires legislative enactment. 
E)  an authority enters onto land pursuant to a court order.

Question 17

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

Accepted Answer

It is not necessary

Question 18

A person could be liable for the tort of trespass

Accepted Answer

A)  if, in the middle of the night, he was carried onto the neighbour's property and thrown in their pool. 
B)  if he stood in the lane and threw a tire in the pool. 
C)  if he delivered a package to the owner at poolside as instructed by the owner. 
D)  if he swam in the pool with the owners' permission. 
E)  if he lost control of his bike and accidentally went onto his neighbour's property and into their pool. 
A)  if, in the middle of the night, he was carried onto the neighbour's property and thrown in their pool. 
B)  if he stood in the lane and threw a tire in the pool. 
C)  if he delivered a package to the owner at poolside as instructed by the owner. 
D)  if he swam in the pool with the owners' permission. 
E)  if he lost control of his bike and accidentally went onto his neighbour's property and into their pool.

Question 19

Because the Internet is uncontrolled, tort law does not apply to online activities.

Accepted Answer

A) True 
 B)False

Question 20

When someone spreads false information about another product, he can be sued for what?

Accepted Answer

Injurious falsehood

Outline the elements required for a breach of confidence.

Interference with economic relations is actionable even where no breach of contract has taken place, but

It is possible for wrongful conduct to be both a tort and a crime.

The primary purpose of tort law is to punish wrongdoers.

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?

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

Explain the difference between qualified and absolute privilege.

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

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

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

In the case of Bahner v. Marwest Hotel Co., the Court held that Mr. Bahner

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

Read the following and indicate the true statement.

In the Alberta Court of Queen's Bench decision in Costello v. Calgary (City), the Court held that a trespass occurs if

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

A person could be liable for the tort of trespass

Because the Internet is uncontrolled, tort law does not apply to online activities.

When someone spreads false information about another product, he can be sued for what?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters

Exam 4: Intentional Torts

Outline the elements required for a breach of confidence.

Interference with economic relations is actionable even where no breach of contract has taken place, but

It is possible for wrongful conduct to be both a tort and a crime.

The primary purpose of tort law is to punish wrongdoers.

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?

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

Explain the difference between qualified and absolute privilege.

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

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

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

In the case of Bahner v. Marwest Hotel Co., the Court held that Mr. Bahner

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

Read the following and indicate the true statement.

In the Alberta Court of Queen's Bench decision in Costello v. Calgary (City), the Court held that a trespass occurs if

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

A person could be liable for the tort of trespass

Because the Internet is uncontrolled, tort law does not apply to online activities.

When someone spreads false information about another product, he can be sued for what?

Managing Your Legal Affairs

Introduction to the Legal System

The Resolution of Disputes the Courts and Alternatives to Litigation

Negligence, Professional Liability, and Insurance Law

Formation of Contracts

Formation of Contracts Continued

Factors Affecting the Contractual Relationship

The End of the Contractual Relationship

Employment

Agency and Partnership

Corporations

Real, Personal and Intellectual Property

Information Technology and the Internet

Sales and Consumer Protection

Priority of Creditors

Filters