Exam 12: Other Torts

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Able Investing is attempting to "poach" a very successful investment consultant from a competing investment firm and offered him $25 000 to break his three-year contract with his employer.What tort action might Able's competitor bring against Able in the event the consultant breaks his contract?

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C

Which of the following would be most strongly supported by counsel's presentation of evidence that substantiates the truth of a statement in a defamation action?

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B

Describe the questions that should be included in an occupier's liability risk management plan.

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An occupier’s liability risk management plan would ask the following questions:

i) Are there dangers on the property?
ii) Are adequate warnings and protections against dangers given to visitors?
iii) Are there known trespassers, in particular, children, who come onto the property?
iv) What could be done to eliminate or reduce risk flowing from known dangers?
v) Is the business operating in compliance with legislative obligations?
vi) Is adequate insurance in place?

Outline the similarities and differences between the torts of defamation and injurious falsehood.

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The court has determined that plaintiff's counsel has been unable to show malice.Which of the following would be most strongly supported by this finding by the court?

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Which of the following would,owing to inflexibility,be considered to strongly support the protection of the Canadian environment?

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In order for a claim for a tort of nuisance to be actionable,the offending intrusion must be significant and unreasonable.

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Bonita has been given a new assignment relating to preparing a list of possible legal risks associated with the business's newly leased office space.Bonita will need to consider occupier's liability,trespass,and nuisance in relation to risks arising from occupation of property.

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Tort actions that are relevant to business activities can be divided between those that arise because a business occupies a property and those that arise due to actual business operations.

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What is the legal term for the group of parties recognized as having the ability to exercise some degree of control over land or buildings on that land?

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The Trade-marks Act contains a statutory form of action that bears a strong resemblance to the tort of passing off.

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What is the common term for publishing a defamatory statement?

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The general rule with respect to occupier's liability for responsibility to a licensee is for the occupier to make the licensee aware of any unusual danger of which the occupier is aware.

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Which of the following is synonymous with a misrepresentation causing loss?

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Which of the following would most likely be used by a court to assess the quantum of an individual's actual monetary damages resulting from defamation?

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With respect to personal information,which of the following does the protection of privacy interests afforded through privacy legislation deal with?

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Avatar Industries is considering suing its neighbour for repeatedly parking its service vehicles on Avatar's lot,despite repeated requests not to do so.Which of the following torts best describes the basis of Avatar's lawsuit?

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What defence did the restaurant reviewer in Sara's Pyrohy Hut v.Brooker successfully rely on when sued for defamation after publishing an unfavourable review of the restaurant?

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Why have governments introduced the concept of "a degree of acceptable environmental damage" by way of sophisticated and complex environmental legislation?

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Gibert Technologies has developed a cellphone that is very similar in appearance to the iPhone.What tort may Gibert have committed?

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