Question 1

Azar had been working for the Burger Baron 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, both 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 out 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)  conspiracy to injure. 
C)  malicious prosecution. 
D)  negligence. 
E)  conversion.

Question 2

In the case of Procor Ltd. v. U.S.W.A., what did the Court find?

Accepted Answer

A)  While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct. 
B)  A finding of malice could not be supported because it always requires an outright lie. 
C)  A proven false statement is sufficient to support a claim of injurious falsehood, as long as some damage has resulted. 
D)  The fact that the officials were wilfully blind to the truth was enough to establish malice. 
E)  While making unfounded accusations is unethical, it does not constitute tortious conduct.

Question 3

Name two examples of federal privacy legislation.
ESSAY. Write your answer in the space provided or on a separate sheet of paper.

Accepted Answer

The answer of Name two examples of federal privacy legislation.
ESSAY....

Question 4

The federal government's Personal Information Protection and Electronic Documents Act

Accepted Answer

A)  gives people right of access to personal information held by the government and government agencies. 
B)  does not apply to personal information collected over the Internet. 
C)  applies in all provinces except where legislation that provides for equivalent protection has been passed by the province. 
D)  provides suggested guidelines, but there is no sanction for violations. 
E)  create a general right to sue in tort for a violation of its provisions.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 5

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 6

A person can be sued for trespass when they accidentally crash onto another person's property after losing control of their car.

Accepted Answer

A) True 
 B)False

Question 7

Under what circumstances would one sue for nuisance?

Accepted Answer

The answer of Under what circumstances would one sue for...

Question 8

Rob bet Joe $300 that the Chicago Bears would beat the San Francisco 49ers. The day after the Bears lost, Joe went to Rob's office. He created quite a scene. He got the $300 and yelled nasty remarks about the Bears team and coach. Rob was furious. He lied to the onlookers by saying that Joe passed himself off as an accountant but that he never passed the required exams and had forged the documents. Joe lost several clients because of Rob's false statements. On these facts, which of the following is true?

Accepted Answer

A)  If Joe sues Rob for defamation, Rob would be able to use successfully the defence of qualified privilege. 
B)  Rob could successfully sue Joe for defamation because of the statements Joe made about the Bears team and coach. 
C)  Rob could sue Joe for nuisance. 
D)  Rob's statements about Joe were defamation by innuendo. 
E)  Joe could successfully sue Rob for defamation.

Question 9

Jim was assigned to a different workroom at the factory. During the day, he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything he did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Saur answered, "You young @#$%%, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Saur, saying, "Cool down, old man." Some of the water hit Saur, who then ran over and hit Jim hard with a piece of pipe. Charlie, another worker, grabbed Jim by the hair and pulled him out of the room, away from Saur. On these facts, which of the following is true?

Accepted Answer

A)  Jim could not sue Saur for assault because Jim was not hurt by the falling machinery. 
B)  If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation. 
C)  If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence. 
D)  Charlie could be sued successfully for battery even though he was acting in Jim's best interest. 
E)  If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt."

Question 10

Interference with economic relations can be actionable even if no breach of contract has taken place.

Accepted Answer

A) True 
 B)False

Question 11

Which of the following is true with regard to the torts of assault and battery?

Accepted Answer

A)  Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages. 
B)  A person will always succeed with the defence of self-defence even if he used excessive force. 
C)  Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered. 
D)  The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries. 
E)  For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.

Question 12

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

Accepted Answer

A)  Act for the Protection of Private Information. 
B)  Private Sector Privacy Act. 
C)  Code of Personal Information. 
D)  Privacy Act. 
E)  Personal Information Protection and Electronic Documents Act.

Question 13

When someone intentionally scratches your car, for what can you can sue?

Accepted Answer

The answer of When someone intentionally scratches your car, for...

Question 14

Explain in what circumstances the defence of absolute privileges is available in defamation action.

Accepted Answer

The answer of Explain in what circumstances the defence of...

Question 15

When a person throws a hammer at another and that person ducks, this is an example of an assault.

Accepted Answer

A) True 
 B)False

Question 16

Words that are basically innocent such as "Mary had a baby yesterday" can become defamatory when combined with information that the hearer has, such as the fact that Mary is a Catholic nun. This hidden meaning is referred to as ________.

Accepted Answer

The answer of Words that are basically innocent such as...

Question 17

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...

Question 18

Regarding the tort of false imprisonment, will anything short of complete restraint amount to imprisonment?

Accepted Answer

The answer of Regarding the tort of false imprisonment, will...

Question 19

The plaintiff, M, quit her job because her employee, Mr. C, made unwelcome sexual advances and her career was not advanced as promised. Subsequently, Mr. C, on his own initiative, called her past employer, her present employer, and an instructor at vocational school and said that M was a thief, a false statement. As a result of that call, M lost her new job. Which of the following is true?

Accepted Answer

A)  Mr. C's statement is defamatory by innuendo. 
B)  Technically, M could sue Mr. C for libel. 
C)  Mr. C could be sued successfully for defamation even though the defamatory words were not written down. 
D)  Mr. C could successfully use the defence of qualified privilege. 
E)  Mr. C could successfully use the defence of fair comment.

Question 20

Invasion of a person's property may take the form of all of the following except

Accepted Answer

A)  a physical intrusion. 
B)  misuse of an image or name. 
C)  detinue. 
D)  unauthorized access to information. 
E)  surveillance.

Exam 4: Intentional Torts

In the case of Procor Ltd. v. U.S.W.A., what did the Court find?

Name two examples of federal privacy legislation. ESSAY. Write your answer in the space provided or on a separate sheet of paper.

The federal government's Personal Information Protection and Electronic Documents Act

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

A person can be sued for trespass when they accidentally crash onto another person's property after losing control of their car.

Under what circumstances would one sue for nuisance?

Interference with economic relations can be actionable even if no breach of contract has taken place.

Which of the following is true with regard to the torts of assault and battery?

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

When someone intentionally scratches your car, for what can you can sue?

Explain in what circumstances the defence of absolute privileges is available in defamation action.

When a person throws a hammer at another and that person ducks, this is an example of an assault.

Words that are basically innocent such as "Mary had a baby yesterday" can become defamatory when combined with information that the hearer has, such as the fact that Mary is a Catholic nun. This hidden meaning is referred to as ________.

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

Regarding the tort of false imprisonment, will anything short of complete restraint amount to imprisonment?

Invasion of a person's property may take the form of all of the following except