Question 1

Explain how the defence of qualified privilege maybe used in a defamation action.

Accepted Answer

The defence of qualified privilege to a defamation action is one that is available to persons in positions of authority whose responsibility it is to provide information about other persons. Provided such persons give the information sought in good faith and with an honest belief in its accuracy, they can successfully defend against a defamation action even if the information proves to be false.

Question 2

At what stage in a negligence action will the court apply the remoteness test?

Accepted Answer

A)  the injury/damages stage 
B)  the breach of duty stage 
C)  the standard of care stage 
D)  the duty of care stage 
E)  the causation stage 
A)  the injury/damages stage 
B)  the breach of duty stage 
C)  the standard of care stage 
D)  the duty of care stage 
E)  the causation stage A

Question 3

The role of tort law is to

Accepted Answer

A)  assist judges by providing rules to determine how much money to pay victims of crime. 
B)  punish wrongdoers in the same way that criminal law punishes criminals. 
C)  determine who caused a motor vehicle accident. 
D)  compensate victims for harm suffered from the activities of others. 
E)  impose strict rules to prevent the commission of crimes. 
A)  assist judges by providing rules to determine how much money to pay victims of crime. 
B)  punish wrongdoers in the same way that criminal law punishes criminals. 
C)  determine who caused a motor vehicle accident. 
D)  compensate victims for harm suffered from the activities of others. 
E)  impose strict rules to prevent the commission of crimes. D

Question 4

Jack is running on an icy and unsalted sidewalk. He slips and falls and decides to sue the Condominium Corporation whose responsibility it was to salt the sidewalk. The Condominium Corporation may rely on the defence of

Accepted Answer

A)  comparative negligence. 
B)  joint negligence on the part of Jack. 
C)  reduction of damages. 
D)  contributory negligence on the part of Jack. 
E)  joint and several liability on the part of Jack. 
A)  comparative negligence. 
B)  joint negligence on the part of Jack. 
C)  reduction of damages. 
D)  contributory negligence on the part of Jack. 
E)  joint and several liability on the part of Jack.

Question 5

Exemplary damages are awarded by the court when it intends to

Accepted Answer

A)  provide compensation for intangible injuries such as pain and suffering. 
B)  punish the wrongdoer. 
C)  compensate the victim for out- of- pocket expenses that can be quantified. 
D)  grant an injunction. 
E)  compensate the victim's family for the loss of their loved one. 
A)  provide compensation for intangible injuries such as pain and suffering. 
B)  punish the wrongdoer. 
C)  compensate the victim for out- of- pocket expenses that can be quantified. 
D)  grant an injunction. 
E)  compensate the victim's family for the loss of their loved one.

Question 6

During a parliamentary debate one day, Jack calls Jim, another member of parliament, a "no good person who has licked many boots in order to get to the top." Jim decides to sue. Which of the following is true?

Accepted Answer

A)  Jim may bring an action for negligent misstatement. 
B)  Jack has a defence of absolute privilege. 
C)  Jack has a defence of qualified privilege. 
D)  Jack has a defence of absolute immunity. 
E)  Jack's conduct is called libel. 
A)  Jim may bring an action for negligent misstatement. 
B)  Jack has a defence of absolute privilege. 
C)  Jack has a defence of qualified privilege. 
D)  Jack has a defence of absolute immunity. 
E)  Jack's conduct is called libel.

Question 7

Foreseeability is a major element in the determination of the standard of care in the law of negligence. Explain.

Accepted Answer

Foreseeability is the legal term that me

Question 8

Distinguish between general and special damages.

Accepted Answer

General damages are intended to compensa

Question 9

Res ipsa loquitur means that

Accepted Answer

A)  the facts as told by the defendant are false. 
B)  the facts as told by the plaintiff are false. 
C)  the facts cannot be established and so the case must be dismissed. 
D)  the plaintiff must prove the case beyond a reasonable doubt. 
E)  the facts speak for themselves. 
A)  the facts as told by the defendant are false. 
B)  the facts as told by the plaintiff are false. 
C)  the facts cannot be established and so the case must be dismissed. 
D)  the plaintiff must prove the case beyond a reasonable doubt. 
E)  the facts speak for themselves.

Question 10

James has been burgled several times and is fed up and decides to do something about it. He places to traps at vantage locations in his home. One night he hears a scream and he runs down to find Bob, a local troublemaker, writhing in pain and holding his bleeding leg. Which of the following is NOT true?

Accepted Answer

A)  James owes a duty to Bob. 
B)  James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises. 
C)  Bob can sue James for deliberately setting the trap to harm him. 
D)  Bob is not an invitee. 
E)  Bob is a tresspasser. 
A)  James owes a duty to Bob. 
B)  James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises. 
C)  Bob can sue James for deliberately setting the trap to harm him. 
D)  Bob is not an invitee. 
E)  Bob is a tresspasser.

Question 11

Jim owes James a duty of care if

Accepted Answer

A)  Jim and Jack live next door to each other. 
B)  Jim acts carelessly. 
C)  Jim might reasonably be affected by James' conduct. 
D)  James acts carelessly. 
E)  James might reasonably be affected by Jim's conduct. 
A)  Jim and Jack live next door to each other. 
B)  Jim acts carelessly. 
C)  Jim might reasonably be affected by James' conduct. 
D)  James acts carelessly. 
E)  James might reasonably be affected by Jim's conduct.

Question 12

What is contributory negligence?

Accepted Answer

Contributory negligence is the

Question 13

Jack owns a Pub. One evening Jim, a friend, comes into the Pub and orders a drink. Over a period of approximately two hours, Jim orders and drinks a variety of alcoholic beverages. Shortly before the Pub closes, Jim pays for his drinks and leaves the Pub. Jim gets into his car and drives away. On his way home, Jim is involved in a motor vehicle accident. Explain the nature of the tort that Jack would found to be have committed. Are there any defences available to Jack? Explain what these defences are.

Accepted Answer

Jack would most likely be found to have

Question 14

Distinguish between general and punitive damages.

Accepted Answer

General damages are intended t

Question 15

Explain how the concept of vicarious liability applies in an employer- employee relationship.

Accepted Answer

Vicarious liability is the principle of

Question 16

In modern times, the basis for liability in tort is

Accepted Answer

A)  criminal wrongdoing. 
B)  legal carelessness. 
C)  fault. 
D)  actionable recklessness. 
E)  whether the wrongdoer is able to compensate the victim. 
A)  criminal wrongdoing. 
B)  legal carelessness. 
C)  fault. 
D)  actionable recklessness. 
E)  whether the wrongdoer is able to compensate the victim.

Question 17

Jack brandishes a baseball bat and says to another person, "I am going to hit you." Jack has

Accepted Answer

A)  not committed a tort. 
B)  committed the tort of assault. 
C)  committed the tort of assault and battery. 
D)  committed the tort of battery. 
E)  committed the tort of negligence misstatements. 
A)  not committed a tort. 
B)  committed the tort of assault. 
C)  committed the tort of assault and battery. 
D)  committed the tort of battery. 
E)  committed the tort of negligence misstatements.

Question 18

During the early stages of the development of tort law, liability was

Accepted Answer

A)  punishable by incarceration. 
B)  dependent on whether the wrongdoing was justifiable. 
C)  based on a finding of criminal liability. 
D)  dependent on a finding of guilt. 
E)  strict. 
A)  punishable by incarceration. 
B)  dependent on whether the wrongdoing was justifiable. 
C)  based on a finding of criminal liability. 
D)  dependent on a finding of guilt. 
E)  strict.

Question 19

Strict liability,

Accepted Answer

A)  requires that the plaintiff strictly prove that the defendant was at fault. 
B)  means that liabilities are strictly enforced. 
C)  removes the onus on the plaintiff to show that the defendant is at fault. 
D)  establishes the amount of damages that is payable to an injured party. 
E)  absolves the defendant from all liability. 
A)  requires that the plaintiff strictly prove that the defendant was at fault. 
B)  means that liabilities are strictly enforced. 
C)  removes the onus on the plaintiff to show that the defendant is at fault. 
D)  establishes the amount of damages that is payable to an injured party. 
E)  absolves the defendant from all liability.

Question 20

Even a trespasser is owed a duty of common humanity. Explain.

Accepted Answer

An occupier or owner of premises owes a

Exam 3: The Law of Torts

Explain how the defence of qualified privilege maybe used in a defamation action.

At what stage in a negligence action will the court apply the remoteness test?

The role of tort law is to

Jack is running on an icy and unsalted sidewalk. He slips and falls and decides to sue the Condominium Corporation whose responsibility it was to salt the sidewalk. The Condominium Corporation may rely on the defence of

Exemplary damages are awarded by the court when it intends to

During a parliamentary debate one day, Jack calls Jim, another member of parliament, a "no good person who has licked many boots in order to get to the top." Jim decides to sue. Which of the following is true?

Foreseeability is a major element in the determination of the standard of care in the law of negligence. Explain.

Distinguish between general and special damages.

Res ipsa loquitur means that

Jim owes James a duty of care if

What is contributory negligence?

Distinguish between general and punitive damages.

Explain how the concept of vicarious liability applies in an employer- employee relationship.

In modern times, the basis for liability in tort is

Jack brandishes a baseball bat and says to another person, "I am going to hit you." Jack has

During the early stages of the development of tort law, liability was

Strict liability,

Even a trespasser is owed a duty of common humanity. Explain.

Law and Society

The Machinery of Justice

Professional Liability

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration, and Intention to Create Legal Relations

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Impeached: Mistake

Grounds Upon Which a Contract May Be Impeached: Misrepresentation, Undue Influence, and Duress

The Requirement of Writing

The Interpretation of Contracts

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

The Effect of Breach

Remedies for Breach

Sale of Goods

Leasing and Bailment

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

The Internal Affairs of Corporations

The External Responsibilities of a Corporation

Secured Transactions

Creditors Rights

Government Regulation of Business

International Business Transactions

Electronic Commerce

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