Question 1

Azar had been working for the Burger Noble for a number of years, most recently under Lai, the latest in a series of managers. Azar became ill and had to take repeated sick days to rest and to attend appointments with various specialists. It became impossible for Azar to continue working there, and Lai gave her notice of termination. While Azar was working the last days of her notice period, Lai continued to harass her over and over again for her previous absences. Lai could face an action for

Accepted Answer

A)  intentional infliction of mental suffering. 
B)  malicious prosecution. 
C)  conspiracy to injure. 
D)  conversion. 
E)  negligence.

Question 2

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

Question 3

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Accepted Answer

A) True 
 B)False

Question 4

Explain what is meant by a continuing trespass.

Accepted Answer

The answer of Explain what is meant by a continuing...

Question 5

When Mr. P dropped his wife off at work, Mr. H, the driver behind him, was angered by the slight delay in traffic. Mr. H 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 actions. Given these facts, which of the following is true?

Accepted Answer

A)  Mr. P could also proceed in a civil action against Mr. H for the tort of nuisance. 
B)  Mr. P could also proceed in a civil action against Mr. H for the tort of battery. 
C)  Mr. P could ask for special damages, but not for general or punitive damages. 
D)  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. 
E)  None of the above is true.

Question 6

Distinguish a crime from a tort.

Accepted Answer

The answer of Distinguish a crime from a tort....

Question 7

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

Question 8

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)  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)  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)  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. 
E)  Ed became sick from contaminated juice bought by his mother.

Question 9

Businesses that deal directly with the public may find their employees becoming involved in altercations with customers. Explain, providing examples, how these altercations may lead to actions against the business.

Accepted Answer

The answer of Businesses that deal directly with the public...

Question 10

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

Question 11

Which of the following actions constitutes an assault?

Accepted Answer

A)  Bumping into another in a crowded hallway 
B)  A hearty wave from another motorist 
C)  A bystander struck by a ball during a baseball game 
D)  Pointing an unloaded gun at another who does not know whether or not the gun is loaded 
E)  A car accident where you are hit by an impaired driver

Question 12

In Braintech v. Kostiuk, the Court confirmed that in Internet disputes the action should be brought in a jurisdiction having

Accepted Answer

A)  stringent online security laws. 
B)  a technology-friendly court system. 
C)  no limitations legislation. 
D)  a real and substantial connection to the case. 
E)  a civil or central code.

Question 13

In Jones v. Tsige the Court conceded that the law had to evolve to protect individuals from unreasonable intrusion into their private lives. The tort, "intrusion upon seclusion," was imported from American common law. It is described as: "one who intentionally intrudes, physically or otherwise, upon the seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the invasion would be highly offensive to a reasonable person." Discuss the key features of the cause of action.

Accepted Answer

The answer of In Jones v. Tsige the Court conceded...

Question 14

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 would be true? (Keep in mind the legal meanings of the words.)

Accepted Answer

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

Question 15

Which of the following is an intentional tort?

Accepted Answer

A)  Negligence 
B)  Frustration 
C)  Breach of contract 
D)  Defamation 
E)  Duress and undue influence

Question 16

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

Accepted Answer

The answer of Discuss the position of a doctor when...

Question 17

A person can be assaulted even when there is no physical contact.

Accepted Answer

A) True 
 B)False

Question 18

Joe was chased onto Sam's land by a group of thugs and hid behind Sam's rose bush to escape them, causing some damage. Sam sued Joe for trespass. Will he win?

Accepted Answer

The answer of Joe was chased onto Sam's land by...

Question 19

A person could be liable for the tort of trespass

Accepted Answer

A)  for leaving packages in the wrong person's garage. 
B)  for leaving the wrong packages in the right person's garage. 
C)  for sleeping in the garage with the owner's permission. 
D)  for accidentally knocking down the garage while in a car that was out of control. 
E)  for attending the "garage sale" at the designated time.

Question 20

Discuss the various kinds of remedies that are available in tort actions. In your answer, discuss any limitations on the availability of those remedies.

Accepted Answer

The answer of Discuss the various kinds of remedies that...

Exam 4: Intentional Torts and Torts Impacting Business