Exam 3: Intentional Torts

Jia Wong wrote a formal complaint about an accountant, Jason, to the CPA Association. Jia complained that Jason had negligently evaluated the books of a business that she bought. The CPA investigated and though there were some problems with Jason's work, Jason was found not to be negligent. If Jason sued Jia for defamation, Jia

Which of the following torts are potentially committed by a bank which pays on a fraudulent cheque even though it could not reasonably have known of or discovered the fraud?

Ben bought a house near a sports bar that has an outside patio. Most nights in the summer there is so much noise from the drunks at the sports bar that he cannot sleep. Ben has complained to the sports bar but it says its liquor license allows it to operate an outdoor patio so Ben can't do anything. The best thing Ben can do is

Barry and Larry are neighbours who often borrow tools and equipment from each other. On one occasion Barry borrowed Larry's lawnmower and forgot to return it. Two months later, Larry asked Barry to return the lawnmower and Barry told him that he was keeping in as payment for a lawnmower which he had lent Larry the previous year and which Larry's children had destroyed. Which of the following statements best describes the legal position?

Betty Lee and Susan Mikel have a longstanding feud. In order to get back at Susan, Betty made the following entry on her face book page:"ʺ People stay away from Susan Mikel. She has stolen so much from me and trust me, if she gets the chance, she will rip off her own mother.'ʹ Which of the following statements is TRUE?

A new fast food restaurant opened called McD's. The fast food company McDonald's complained and wants the new restaurant to change its name. McD's refuses as it says it sells alcohol which McDonald's doesn't. But other than alcohol, most of McD's menu is similar to McDonald's products and McD's even sells "Happy Meals." Most likely a court would

Which of the following would not normally be considered confidential information by a court?

Louisa and her neighbour Eva had boundary disputes for many years. Their last argument ended with Eva promising to "get Louisa "any way I can." One night Eva hears a noise and looks out to see someone who based on her physical appearance she thinks is Louisa destroying her plants. Eva called the police and reported the incident. After an investigation Louisa was arrested and spent a night in jail. Louisa is found not guilty at trial due to a lack of evidence. It was later discovered Eva had been mistaken when identifying Louisa as the one who destroyed her plants. Which of the following statements best describes the legal position?

Karl bought a used car from Car City and he had constant problems with the car. Karl was so angry that he parked the car opposite Car City on his friend's parking lot and drew arrows on the car pointing to all the things that had gone wrong and words that said Car City sells rotten cars. If Car City sues Karl most likely a court would rule

Which of the following torts if any, would be committed by a Managing Director of a company which called the suppliers of its main rival and threatened to pull its business away from these suppliers unless they stopped all dealings with a competitor?

Rita and Ron are about to exit a store in a mall when the store manager approaches them and accuses them of having stolen something. Rita tells the manager that she is mistaken and beckons to Ron for them to leave. In a loud voice the Manager yells: "If you dare leave this store before the police get here, I'll make sure everyone in this mall knows you are thieves." Rita and Ron decide to wait until the police get there, at which time the police searched their bags and discover they had stolen goods from the store. Which of the following statements is correct?

Louisa and her neighbour Eva have been involved in a boundary dispute for many years. One day Eva called the police to report that Louisa had destroyed her plants. Louisa was arrested and spent a night in jail. Louisa was then convicted of the offence at trial. Two months later, Eva and Louisa got into another argument, during which Eva said "I made up a story that got you convicted. Keep bothering me and I will do it again." Which of the following statements is TRUE?

Which of the following would not normally be awarded as a remedy in a passing off action?

Which of the following statements is FALSE? In nuisance law

Oliver and Sri got into a heated argument at work. Oliver raised his fist and shook it at Sri, who then pushed Oliver. Oliver yelled, "I know you stole a hundred dollars from the cash register yesterday." The boss overhead the statement and fired Sri the next day. The boss also reported him to the police. The allegation of theft was not true, but Oliver was still angry and told the police it was, knowing that charges would be laid. Sri was charged with theft but acquitted. Which of the following is FALSE?

Vicarious liability would

Evan made an imitation Nike running shoe that can sell for $25.00. It is impossible to tell it from the original. The technical name in tort for the remedy that Nike would have against Evan is

John falsely gave information to the police that Mary shoplifted an item from a store. Mary was acquitted after a trial. Mary could successfully sue John for

The word "tort" means

In order to succeed in an action for malicious prosecution, it is necessary to show that the person who made the report leading to the victim's arrest, knew that the person charged had not committed the crime.