Question 1

All of the following are examples of unfair competition except

Accepted Answer

A)  intimidation to discourage someone from selling a product at a lower price. 
B)  intimidation to discourage someone from opening a business in a particular area. 
C)  one restaurant sending employees to the door of another to redirect customers to the first. 
D)  one business seeking confidential information from the employees of another. 
E)  one business intentionally lowering its prices to encourage customers to purchase its products. 
A)  intimidation to discourage someone from selling a product at a lower price. 
B)  intimidation to discourage someone from opening a business in a particular area. 
C)  one restaurant sending employees to the door of another to redirect customers to the first. 
D)  one business seeking confidential information from the employees of another. 
E)  one business intentionally lowering its prices to encourage customers to purchase its products.

Question 2

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

Accepted Answer

A)  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. 
B)  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 towards Rob. 
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)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag. 
A)  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. 
B)  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 towards Rob. 
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)  The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag.

Question 3

Explain what is meant by innuendo.

Accepted Answer

An innuendo involves a hidden

Question 4

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife, to use in her restaurant. Which of the following is true?

Accepted Answer

A)  Because Will did not misuse the information himself, no action will result. 
B)  Because Will only provided the information to his wife, the exchange is protected by spousal privilege. 
C)  Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail. 
D)  Zoe cannot sue her own lawyer. 
E)  Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence. 
A)  Because Will did not misuse the information himself, no action will result. 
B)  Because Will only provided the information to his wife, the exchange is protected by spousal privilege. 
C)  Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail. 
D)  Zoe cannot sue her own lawyer. 
E)  Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence.

Question 5

Read the following and indicate the false statement.

Accepted Answer

A)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation. 
B)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass. 
C)  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 deceit. 
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., the cause of action against John could be negligence, and World Wires Ltd. could be sued as well. 
A)  If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation. 
B)  If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass. 
C)  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 deceit. 
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., the cause of action against John could be negligence, and World Wires Ltd. could be sued as well.

Question 6

Explain under what circumstances the defence of qualified privileges can be lost.

Accepted Answer

Where it can be shown that the person ma

Question 7

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Accepted Answer

A)  The presence of a driving range constituted negligence, as driving ranges are unreasonable. 
B)  The presence of a driving range constituted a private nuisance, but there is no remedy for a mere nuisance at law. 
C)  The presence of a driving range could not be considered a nuisance, only a minor annoyance, for which there is no remedy. 
D)  The presence of a driving range could not be considered in the context of tort law, as the owners did not intend to cause harm. 
E)  The presence of a driving range constituted a private nuisance and issued an injunction prohibiting golf balls going onto their property. 
A)  The presence of a driving range constituted negligence, as driving ranges are unreasonable. 
B)  The presence of a driving range constituted a private nuisance, but there is no remedy for a mere nuisance at law. 
C)  The presence of a driving range could not be considered a nuisance, only a minor annoyance, for which there is no remedy. 
D)  The presence of a driving range could not be considered in the context of tort law, as the owners did not intend to cause harm. 
E)  The presence of a driving range constituted a private nuisance and issued an injunction prohibiting golf balls going onto their property.

Question 8

Explain under what circumstances the defence of fair comment can be lost.

Accepted Answer

If the statement is motivated by malicio

Question 9

An act that breaches a contract is inherently wrong.

Accepted Answer

A) True 
 B)False

Question 10

A person will not succeed in an action for defamation unless the falsehood has been told to some third party.

Accepted Answer

A) True 
 B)False

Question 11

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, shots, 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 in red warning him to alert travellers of the new regulation. When Mrs. Kahn and the children reached Toronto to embark on a plane for London, they were stopped because she did not have the required note from Mr. Kahn. They lost their reservations for both the plane and the tour with no refund. On these facts, which of the following is true?

Accepted Answer

A)  There could be a civil action against Mr. Tobin and against his employer, although the employer did no wrong. 
B)  Libel is the only tort available for persons injured by another's words. 
C)  A travel agent owes no duty of care to his customers. 
D)  There is no possibility of suing Mr. Tobin because he had no intention of hurting anyone; his oversight was just an accident. 
E)  Mr. Tobin could sue for false imprisonment. 
A)  There could be a civil action against Mr. Tobin and against his employer, although the employer did no wrong. 
B)  Libel is the only tort available for persons injured by another's words. 
C)  A travel agent owes no duty of care to his customers. 
D)  There is no possibility of suing Mr. Tobin because he had no intention of hurting anyone; his oversight was just an accident. 
E)  Mr. Tobin could sue for false imprisonment.

Question 12

Name three torts that deal with the wrongful interference with goods.

Accepted Answer

Conversion

Question 13

What is conversion?

Accepted Answer

Conversion involves one person

Question 14

In tort, damages are a remedy attempt to put the victim in the position he would have been in had the tort never taken place.

Accepted Answer

A) True 
 B)False

Question 15

What elements must be established in order to sue another for false imprisonment?

Accepted Answer

1. There was an impr

Question 16

If someone sells imitation Seiko watches without permission, for what can she be sued by Seiko ?

Accepted Answer

The answer of If someone sells imitation Seiko watches without...

Question 17

Jed played hockey for his company's team. During the playoffs, three seconds after a play, he was deliberately hit in the back with a stick by Ed, a player on the opposing team. The hit broke Jed's rib. If Jed sued Ed, which of the following is true? (Keep in mind the technical, legal meanings of the words.)

Accepted Answer

A)  The defendant's best defence would be provocation. 
B)  The plaintiff's most likely cause of action would be negligence. 
C)  The plaintiff's most likely cause of action would be malicious prosecution. 
D)  The defendant's best defence would be that the plaintiff consented to the hit. 
E)  The defendant's best defence would be qualified privilege. 
A)  The defendant's best defence would be provocation. 
B)  The plaintiff's most likely cause of action would be negligence. 
C)  The plaintiff's most likely cause of action would be malicious prosecution. 
D)  The defendant's best defence would be that the plaintiff consented to the hit. 
E)  The defendant's best defence would be qualified privilege.

Question 18

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

Accepted Answer

A)  A waiter, then the police, detained a restaurant patron because he did not want to pay for wine that was brought to the table but was cloudy and undrinkable. The patron sued for false imprisonment. 
B)  An accountant made an error in financial statements that he knew would be given by his client to a potential investor, Mr. Lam. The investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the accountant. 
C)  When Jed accidentally dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and moved in time to avoid being hit. Al sued; Jed counterclaimed. 
D)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely stated that the mayor took a bribe. The editor and ten others on staff read it but decided not to print it. The mayor sued Mr. Meen. 
E)  Jayne was doing aerobic exercises. She looked up and saw the gas meter reader in the backyard. She sued him for trespass. 
A)  A waiter, then the police, detained a restaurant patron because he did not want to pay for wine that was brought to the table but was cloudy and undrinkable. The patron sued for false imprisonment. 
B)  An accountant made an error in financial statements that he knew would be given by his client to a potential investor, Mr. Lam. The investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the accountant. 
C)  When Jed accidentally dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and moved in time to avoid being hit. Al sued; Jed counterclaimed. 
D)  Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely stated that the mayor took a bribe. The editor and ten others on staff read it but decided not to print it. The mayor sued Mr. Meen. 
E)  Jayne was doing aerobic exercises. She looked up and saw the gas meter reader in the backyard. She sued him for trespass.

Question 19

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

Accepted Answer

A) True 
 B)False

Question 20

Which of the following statements regarding privacy law is false?

Accepted Answer

A)  E-commerce has resulted in increased abuse of personal information. 
B)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
C)  Several provinces have passed legislation creating a tort of invasion of privacy. 
D)  Self-regulation has proven most effective in the area of privacy law. 
E)  In common law, there is no tort of invasion of privacy. 
A)  E-commerce has resulted in increased abuse of personal information. 
B)  Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information. 
C)  Several provinces have passed legislation creating a tort of invasion of privacy. 
D)  Self-regulation has proven most effective in the area of privacy law. 
E)  In common law, there is no tort of invasion of privacy.

All of the following are examples of unfair competition except

Explain what is meant by innuendo.

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife, to use in her restaurant. Which of the following is true?

Read the following and indicate the false statement.

Explain under what circumstances the defence of qualified privileges can be lost.

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Explain under what circumstances the defence of fair comment can be lost.

An act that breaches a contract is inherently wrong.

A person will not succeed in an action for defamation unless the falsehood has been told to some third party.

Name three torts that deal with the wrongful interference with goods.

What is conversion?

In tort, damages are a remedy attempt to put the victim in the position he would have been in had the tort never taken place.

What elements must be established in order to sue another for false imprisonment?

If someone sells imitation Seiko watches without permission, for what can she be sued by Seiko ?

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

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

Which of the following statements regarding privacy law is false?

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

All of the following are examples of unfair competition except

Explain what is meant by innuendo.

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife, to use in her restaurant. Which of the following is true?

Read the following and indicate the false statement.

Explain under what circumstances the defence of qualified privileges can be lost.

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

Explain under what circumstances the defence of fair comment can be lost.

An act that breaches a contract is inherently wrong.

A person will not succeed in an action for defamation unless the falsehood has been told to some third party.

Name three torts that deal with the wrongful interference with goods.

What is conversion?

In tort, damages are a remedy attempt to put the victim in the position he would have been in had the tort never taken place.

What elements must be established in order to sue another for false imprisonment?

If someone sells imitation Seiko watches without permission, for what can she be sued by Seiko ?

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

"Cookies" are embedded devices that track a user's Internet activities and allow others to read private information about their online browsing.

Which of the following statements regarding privacy law is false?

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