Question 1

Which of the following statements is correct?

Accepted Answer

A)  Product defamation involves the wrongful possession of someone else's goods. 
B)  Detinue occurs when some attacks the reputation of another's product or business. 
C)  Any direct intentional interference causing damage to the goods of another is a trespass to chattels. 
D)  Conversion involves someone inadvertently appropriating the goods of another. 
E)  Wrongful interference with goods is not actionable as a business tort. 
A)  Product defamation involves the wrongful possession of someone else's goods. 
B)  Detinue occurs when some attacks the reputation of another's product or business. 
C)  Any direct intentional interference causing damage to the goods of another is a trespass to chattels. 
D)  Conversion involves someone inadvertently appropriating the goods of another. 
E)  Wrongful interference with goods is not actionable as a business tort.

Question 2

What is a tort?

Accepted Answer

The answer of What is a tort?...

Question 3

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

Accepted Answer

A)  If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision. 
D)  An act must be intentional to be classified as a tort. 
E)  Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property. 
A)  If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant. 
B)  A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness. 
C)  Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision. 
D)  An act must be intentional to be classified as a tort. 
E)  Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property.

Question 4

Define defamation.

Accepted Answer

Defamation is a fals

Question 5

Which of the following best describes the primary purpose of tort law?

Accepted Answer

A)  To prevent crime 
B)  To ensure that contractual promises are kept 
C)  To punish wrongdoers 
D)  To compensate victims of wrongful conduct 
E)  To force people to do good, e.g., rescue those in trouble 
A)  To prevent crime 
B)  To ensure that contractual promises are kept 
C)  To punish wrongdoers 
D)  To compensate victims of wrongful conduct 
E)  To force people to do good, e.g., rescue those in trouble

Question 6

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade paper of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would be successful based on these facts.

Accepted Answer

A)  An action for the tort of nuisance 
B)  An action against Computerheaven Ltd. for the tort of battery 
C)  An action against Computerheaven Ltd. for the tort of trespass. 
D)  An action against Computerheaven Ltd for the tort of defamation. 
E)  An action against Clark for the tort of negligence. 
A)  An action for the tort of nuisance 
B)  An action against Computerheaven Ltd. for the tort of battery 
C)  An action against Computerheaven Ltd. for the tort of trespass. 
D)  An action against Computerheaven Ltd for the tort of defamation. 
E)  An action against Clark for the tort of negligence.

Question 7

Explain what is meant by a continuing trespass.

Accepted Answer

Some building or other structu

Question 8

Following an account 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 political cartoon of the councillor, obviously drunk and with his clothes in disarray, having difficulty walking down 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 disagreements with Joe in the past and intensely disliked him. 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.

Accepted Answer

Joe's best defence would be fair comment

Question 9

When Mr. P dropped his wife off at work, the driver behind him, Mr. H, angered by the slight delay in traffic, approached Mr. P's car, called him names, and then punched Mr. P in the nose and mouth area with a closed fist. Mr. H was convicted and sentenced in criminal proceedings for his action. Given these facts, which of the following is true?

Accepted Answer

A)  Mr. P could not take a civil action because a criminal action had taken place, and the same behaviour or action cannot be the subject matter of both types of proceedings. 
B)  Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance. 
C)  Mr. P could also proceed in a civil action against Mr. H for the tort of battery. 
D)  Mr. P could ask for special damages, but not for general or punitive damages. 
A)  Mr. P could not take a civil action because a criminal action had taken place, and the same behaviour or action cannot be the subject matter of both types of proceedings. 
B)  Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance. 
C)  Mr. P could also proceed in a civil action against Mr. H for the tort of battery. 
D)  Mr. P could ask for special damages, but not for general or punitive damages.

Question 10

Mr. and Mrs. Hampton went to a restaurant and ordered roast duck dinner for two. When they began their dinners, they found that the duck was frozen in the middle. They ate what they could of the dinner but complained to the waiter. The waiter listened but merely gave them the bill for the entire cost of the dinner. Mr. Hampton put half of that amount on the table and began to leave. The waiter and the manager caught up to him before he reached the front door, and although they allowed Mrs. Hampton to leave, they restrained Mr. Hampton. Furthermore, the manager called the police, who, after listening to the waiter and Mr. Hampton explain just what happened, arrested Hampton and took him to jail. Mrs. Hampton bailed him out within three hours. On these facts, which one of the following is true?

Accepted Answer

A)  Mr. Hampton could not sue the police who arrested him. 
B)  Mr. Hampton could sue the waiter and the employer for the tort of false imprisonment. 
C)  Mr. Hampton could also sue for defamation. 
D)  The Hamptons could sue the employer of the waiter for the tort of nuisance. 
E)  Mr. Hampton could sue only the waiter. 
A)  Mr. Hampton could not sue the police who arrested him. 
B)  Mr. Hampton could sue the waiter and the employer for the tort of false imprisonment. 
C)  Mr. Hampton could also sue for defamation. 
D)  The Hamptons could sue the employer of the waiter for the tort of nuisance. 
E)  Mr. Hampton could sue only the waiter.

Question 11

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

Accepted Answer

Injurious falsehood

Question 12

Explain under what circumstances qualified privileges are available.

Accepted Answer

When defamatory communications

Question 13

Discuss the position of a political cartoonist in terms of defamation law.

Accepted Answer

This requires an understanding of the la

Question 14

What is trespass to chattels?

Accepted Answer

Any direct intention

Question 15

Explain what is meant by vicarious liability in the employment context.

Accepted Answer

An employer can be held respon

Question 16

Malicious prosecution requires a criminal conviction to have taken place.

Accepted Answer

A) True 
 B)False

Question 17

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 18

In the case of WeGo Kayaking Ltd. v. Sewid.

Accepted Answer

A)  malice defeated the defences of qualified privilege and fair comment. 
B)  there was no defamation because the people alleging defamation were dishonest. 
C)  Sevid successfully argued the defence of qualified privilege. 
D)  Sevid successfully argued the defence of fair comment. 
E)  there was no defamation because innuendo cannot be defamatory. 
A)  malice defeated the defences of qualified privilege and fair comment. 
B)  there was no defamation because the people alleging defamation were dishonest. 
C)  Sevid successfully argued the defence of qualified privilege. 
D)  Sevid successfully argued the defence of fair comment. 
E)  there was no defamation because innuendo cannot be defamatory.

Question 19

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

Accepted Answer

It is only necessary that the

Question 20

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

Accepted Answer

A)  malicious prosecution. 
B)  injurious falsehood. 
C)  deceit. 
D)  intimidation. 
E)  conversion. 
A)  malicious prosecution. 
B)  injurious falsehood. 
C)  deceit. 
D)  intimidation. 
E)  conversion.

Which of the following statements is correct?

What is a tort?

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

Define defamation.

Which of the following best describes the primary purpose of tort law?

Explain what is meant by a continuing trespass.

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

Explain under what circumstances qualified privileges are available.

Discuss the position of a political cartoonist in terms of defamation law.

What is trespass to chattels?

Explain what is meant by vicarious liability in the employment context.

Malicious prosecution requires a criminal conviction to have taken place.

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 ________.

In the case of WeGo Kayaking Ltd. v. Sewid.

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

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

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

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Corporations

Real, Personal and Intellectual Property

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Sales and Consumer Protection

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Exam 4: Intentional Torts

Which of the following statements is correct?

What is a tort?

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

Define defamation.

Which of the following best describes the primary purpose of tort law?

Explain what is meant by a continuing trespass.

What is the tort that arises when a person attacks the reputation of another's product or business by spreading a false rumour?

Explain under what circumstances qualified privileges are available.

Discuss the position of a political cartoonist in terms of defamation law.

What is trespass to chattels?

Explain what is meant by vicarious liability in the employment context.

Malicious prosecution requires a criminal conviction to have taken place.

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 ________.

In the case of WeGo Kayaking Ltd. v. Sewid.

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

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

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