Question 1

Albert and Jane and her husband own homes beside each other.Jane has a swimming pool in her back yard.Between the houses,on Albert's property,there is a line of very old trees that have grown so tall that they are blocking the sunlight from the swimming pool area of Jane's property.Yesterday,Jane's husband,George,after hearing Jane complain about the blocked sunlight,without going onto Albert's property,cut 3 metres off the top of each of Albert's trees to let the sunlight into his and Jane's back yard.George's action in cutting down the trees constitutes

Accepted Answer

A) the tort of defamation. 
B) the tort of assault. 
C) the tort of nuisance. 
D) the tort of trespass. 
E) the tort of negligence.

Question 2

Explain the concept of absolute privilege and its application.

Accepted Answer

The answer of Explain the concept of absolute privilege and...

Question 3

Distinguish between general and special damages.

Accepted Answer

The answer of Distinguish between general and special damages....

Question 4

In some circumstances,there is immunity from defamation lawsuits.Words spoken in parliamentary debate,in proceedings in law courts and inquests,and before royal commissions,are subject to absolute privilege.

Accepted Answer

A) True 
 B)False

Question 5

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

Accepted Answer

A) True 
 B)False

Question 6

Which of the following statements is NOT true?

Accepted Answer

A) A manufacturer's duty towards consumers continues after it places a product on the market. 
B) A retailer may be liable to the consumer for a defective product. 
C) After a manufacturer places a product on the market,its duty towards consumers ends. 
D) A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary. 
E) A manufacturer who places a defective product on the market may be liable for negligence.

Question 7

An occupier has no liability whatsoever to a trespasser.

Accepted Answer

A) True 
 B)False

Question 8

Use the fact situation in Q3 to answer the related question that follows. The failure of the university to repair the hole in the pavement constitutes

Accepted Answer

A) the tort of nuisance. 
B) the tort of trespass. 
C) the tort of negligence. 
D) the tort of injurious falsehood. 
E) the tort of battery.

Question 9

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

Accepted Answer

A) children. 
B) public officials. 
C) licensees. 
D) law enforcement officials. 
E) thieves or burglars.

Question 10

Phil was riding his motorcycle home from work when he was involved in a motor vehicle accident.As he lay on the road injured,he was attended to by two different motorists who stopped after seeing the accident.Additionally,an overhead helicopter from the local TV news station was broadcasting live on air.Suddenly,a second vehicle careened out of control and ran over Phil killing him instantly.Given concerns about proximity,foreseeability,and policy reasons,of all the people who suffered nervous shock,who would be most likely to recover compensation in a court action against the reckless driver of the second vehicle that caused Phil's death?

Accepted Answer

A) Claims by the two motorists who were assisting Phil at the scene. 
B) Claims by the people who witnessed the incident on TV. 
C) Claims by the ambulance attendants who arrived 10 minutes after Phil died. 
D) Claims by those who read the story and saw pictures in the paper the following day.

Question 11

Joe recently purchased a can of shaving cream from his pharmacy.After shaking the can as directed,Joe pushed the button on top.Suddenly and without warning,the can exploded causing serious injury to Joe.As a result of the explosion,the can of shaving cream was destroyed.In an action by Joe against the manufacturer,the following principle of law will apply:

Accepted Answer

A) The shaving cream manufacturer will be held strictly liable for damages caused by the explosion. 
B) The court can infer negligence on the part of the manufacturer on the basis of the circumstantial evidence resulting in a shift of the burden onto the manufacturer to prove that it was not at fault. 
C) Joe will be unable to meet the burden of proof in establishing that the manufacturer was negligent given the destruction of the evidence. 
D) Joe will be found to be contributorily negligent.

Question 12

Both a crime and a tort are being committed when

Accepted Answer

A) a homeowner decides not to put salt on his walkway after an ice storm and a guest slips and falls the following morning. 
B) a bar patron becomes ill as a result of being over-served in a tavern. 
C) an NHL hockey player suffers a broken nose during a consensual on-ice fight. 
D) a last-minute holiday shopper strikes a fellow shopper with his fist resulting in a broken jaw.

Question 13

Stoney Canyon penitentiary is located near the town of Elmwood.One evening a guard employed at the jail failed to properly secure one of the gates near an exercise field.As a result,an inmate escaped and went on a crime spree.Having regard to issues of proximity,foreseeability,and policy reasons,which of the following claimants would be least likely to succeed in a court action against the guard and/or the jail?

Accepted Answer

A) A claim by a citizen of Elmwood whose vehicle was carjacked within hours of the escape. 
B) A claim by a gas station owner for personal injury and economic losses occasioned by the escaped inmate's assault and robbery which took place two months later and 250 kilometres away from the jail. 
C) The claim of a local bingo parlour whose premises were torched by the inmate after a standoff with the police the day after his escape. 
D) The claims of an elderly couple injured in an automobile accident two days after the escape during which the inmate crashed into their car following a high speed pursuit.

Question 14

Use this fact situation to answer the related questions that follow. Mary is employed in administration at York University,where she is paid $3500.00 a month.The administrative staff have gone on strike and,to that end,have set up a picket line to prevent employees from going into the university's administration building.Mary wants no part of the strike,so she decides that she will cross the picket line.As she does this,an employee named Ralph says,"Unless you want a black eye,lady,you better not cross the picket line." John,another employee,pushes Mary back.Unknown to Mary,there is a hole in the pavement that the university has been aware of for quite some time,but has done nothing about,and as Mary falls back,her shoe catches in the hole and she falls down,breaking her leg and spraining her right arm.
Ralph's statement to Mary is

Accepted Answer

A) the tort of negligence. 
B) the tort of assault. 
C) the tort of injurious falsehood. 
D) the tort of battery. 
E) the tort of trespass.

Question 15

The duty of a manufacturer to warn may be discharged by issuing a warning to learned intermediaries.Explain.

Accepted Answer

The answer of The duty of a manufacturer to warn...

Question 16

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

Accepted Answer

The answer of Where there is negligence,the injured party may...

Question 17

Which of the following best demonstrates the concept of vicarious liability?

Accepted Answer

A) Jack is employed by Jim as a trainee mechanic.Jack goes to a party and is asked by a friend,Mary,to check her car that won't start.Jack checks the car.A few minutes after Mary drives away,the car's ignition explodes,injuring Maggie. 
B) A man's dog runs out of the house and mauls a letter carrier. 
C) A cow leaves its pasture,walks into the garden of another farmer and destroys all the farmer's crops. 
D) Jack is employed by Jim as a trainee mechanic.Jim's sister,Maggie brings her car to the shop.It has an engine problem.Jack has never worked on a car's engine before.Jim asks Jack to work on the engine.Jack works on the engine.Later when Maggie drives off in the car,the engine explodes,injuring Maggie. 
E) none of the above.

Question 18

Tort damages are often classified into

Accepted Answer

A) special and exemplary damages. 
B) punitive and exemplary damages. 
C) special and aggravated damages. 
D) punitive and special damages. 
E) general and special damages.

Question 19

Explain the development of fault as an appropriate basis for liability in tort.

Accepted Answer

The answer of Explain the development of fault as an...

Question 20

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.

Accepted Answer

The answer of Explain how a warning issued by a...

Exam 4: The Law of Torts

Explain the concept of absolute privilege and its application.

Distinguish between general and special damages.

In some circumstances,there is immunity from defamation lawsuits.Words spoken in parliamentary debate,in proceedings in law courts and inquests,and before royal commissions,are subject to absolute privilege.

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

Which of the following statements is NOT true?

An occupier has no liability whatsoever to a trespasser.

Use the fact situation in Q3 to answer the related question that follows. The failure of the university to repair the hole in the pavement constitutes

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

Both a crime and a tort are being committed when

The duty of a manufacturer to warn may be discharged by issuing a warning to learned intermediaries.Explain.

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

Which of the following best demonstrates the concept of vicarious liability?

Tort damages are often classified into

Explain the development of fault as an appropriate basis for liability in tort.

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.