Question 1

Which of the following situations would most likely allow Brian to successfully sue April for the tort of battery?

Accepted Answer

A) April smashed a bottle against Brian's car while he was asleep in his bed. 
B) April aimed a loaded gun at the back of Brian's head without his knowledge. 
C) April used a knife to slice a hole in a shirt that Brian was wearing. 
D) After Brian was brought into a hospital in an unconscious condition,April,who is a surgeon,performed a life-saving operation that Brian would have requested if he had been conscious. 
E) April,who is a security guard,gently tapped Brian on his shoulder to get his attention during a consensual fight between April and Brian. 
A) April smashed a bottle against Brian's car while he was asleep in his bed. 
B) April aimed a loaded gun at the back of Brian's head without his knowledge. 
C) April used a knife to slice a hole in a shirt that Brian was wearing. 
D) After Brian was brought into a hospital in an unconscious condition,April,who is a surgeon,performed a life-saving operation that Brian would have requested if he had been conscious. 
E) April,who is a security guard,gently tapped Brian on his shoulder to get his attention during a consensual fight between April and Brian. C

Question 2

Francisco parked his car on a street and went shopping.While he was away,Joyce damaged Francisco's car by scratching it with a set of keys.Before she did so,the car was worth $5000.Afterwards,it was worth $4000.Which of the following statements is TRUE?

Accepted Answer

A) Joyce has committed the tort of detinue. 
B) A court would probably award Francisco nominal damages worth $1000. 
C) Francisco should exercise a right of recaption. 
D) Joyce has committed the tort of battery because she made offensive contact with Francisco's personal belongings. 
E) Joyce has committed a tort in connection with Francisco's chattel. 
A) Joyce has committed the tort of detinue. 
B) A court would probably award Francisco nominal damages worth $1000. 
C) Francisco should exercise a right of recaption. 
D) Joyce has committed the tort of battery because she made offensive contact with Francisco's personal belongings. 
E) Joyce has committed a tort in connection with Francisco's chattel. E

Question 3

Walter is an experienced and highly successful gambler.He is most successful when betting on horse races.Until recently,he frequently placed bets at the Scarborough Downs Race Track.The track's manager,however,ordered her employees to deny Walter entry to the premises.The manager decided that Walter was winning too much money.Which of the following statements is TRUE?

Accepted Answer

A) The race track has no right to exclude Walter from its premises. 
B) The race track has the right to exclude Walter from its premises,even if it does so because it objects to the colour of his skin. 
C) Once the race track invites Walter onto its premises,it can ask him to leave only if he commits a crime. 
D) If Walter sneaks into the premises,the race track can remove him using whatever force is required to accomplish the task. 
E) If Walter is told not to enter the premises and continues to sneak into the race track,a judge might award an injunction against him. 
A) The race track has no right to exclude Walter from its premises. 
B) The race track has the right to exclude Walter from its premises,even if it does so because it objects to the colour of his skin. 
C) Once the race track invites Walter onto its premises,it can ask him to leave only if he commits a crime. 
D) If Walter sneaks into the premises,the race track can remove him using whatever force is required to accomplish the task. 
E) If Walter is told not to enter the premises and continues to sneak into the race track,a judge might award an injunction against him. E

Question 4

Axl was physically detained by two security guards who worked for a department store.Axl is entitled to sue for false imprisonment only if he proves that the security guards knew that he had not committed any crime.

Accepted Answer

A) True 
 B)False

Question 5

Herman has committed the tort of trespass to land against Sonia.List four remedies that Sonia might receive and briefly explain a situation in which each would be appropriate.

Accepted Answer

A trespass to land occurs when the defen

Question 6

The right of recaption is used by a person who wants to recover a piece of land that another person is wrongfully occupying.

Accepted Answer

A) True 
 B)False

Question 7

Anna believes that Hugh has infringed her right to privacy.He took a photograph of her sunbathing on a secluded beach,and then published it in a magazine.She has sued him.Which of the following statements is TRUE?

Accepted Answer

A) Hugh has committed the tort of conversion because he turned Anna's image into a profit-making scheme. 
B) Every province and territory in Canada has a privacy statute that would allow Anna to successfully sue Hugh for damages. 
C) Hugh has committed the tort of trespass to person. 
D) Hugh has committed the tort of false imprisonment if Anna is so embarrassed by the photograph that she refuses to leave her house. 
E) If Anna wants to sue Hugh for a tort of invasion of privacy,she probably will have to persuade a court to create a new tort of that name unless the jurisdiction in which the tort took place has a statutory tort of privacy. 
A) Hugh has committed the tort of conversion because he turned Anna's image into a profit-making scheme. 
B) Every province and territory in Canada has a privacy statute that would allow Anna to successfully sue Hugh for damages. 
C) Hugh has committed the tort of trespass to person. 
D) Hugh has committed the tort of false imprisonment if Anna is so embarrassed by the photograph that she refuses to leave her house. 
E) If Anna wants to sue Hugh for a tort of invasion of privacy,she probably will have to persuade a court to create a new tort of that name unless the jurisdiction in which the tort took place has a statutory tort of privacy.

Question 8

During a recent incident at a shopping centre,Munier grabbed hold of Ishtla and held her until a police officer arrived.Which of the following statements is TRUE?

Accepted Answer

A) If Munier is a security guard,he cannot be held liable for false arrest as long as he reasonably believed that Ishtla had committed a crime,even if Ishtla had not done so. 
B) If Munier is a police officer,he may be held liable for a false arrest unless Ishtla actually committed a crime. 
C) If Munier was another shopper,he cannot be held liable for false arrest,even if Ishtla had not committed a crime,as long as he reasonably believed that she had committed a crime and she was being pursued by a police officer. 
D) If Munier owned a store,and he reasonably believed that Ishtla had stolen some of his merchandise,he cannot be held liable for false arrest,even if Ishtla had not committed a crime. 
E) Munier will be held liable for malicious prosecution as long as a court decides,after a full trial,that Ishtla did nothing wrong. 
A) If Munier is a security guard,he cannot be held liable for false arrest as long as he reasonably believed that Ishtla had committed a crime,even if Ishtla had not done so. 
B) If Munier is a police officer,he may be held liable for a false arrest unless Ishtla actually committed a crime. 
C) If Munier was another shopper,he cannot be held liable for false arrest,even if Ishtla had not committed a crime,as long as he reasonably believed that she had committed a crime and she was being pursued by a police officer. 
D) If Munier owned a store,and he reasonably believed that Ishtla had stolen some of his merchandise,he cannot be held liable for false arrest,even if Ishtla had not committed a crime. 
E) Munier will be held liable for malicious prosecution as long as a court decides,after a full trial,that Ishtla did nothing wrong.

Question 9

Upper Cuff is a clothing store that closes at 7:00 pm.By 7:05 pm,Upper Cuff had closed all the gates and locked all but one door - they left the door open so the single customer who had been shopping for an hour could leave.At 7:10 pm,a new customer walks in,trying to buy a new shirt.Which of the following is true?

Accepted Answer

A) The first customer has the right to continue shopping until the store revokes its consent;the second was not given consent and,thus,has committed trespass to land. 
B) As soon as the gates are closed,the store has revoked all consent and the first customer must leave immediately;the second has committed trespass to land. 
C) Because it is a retail store,both customers have been given implied consent. 
D) Though the second customer was not given consent to be in the store,Upper Cuff has no right to remove her from the store. 
E) If the final door had been locked,the first customer would have been wrongfully imprisoned. 
A) The first customer has the right to continue shopping until the store revokes its consent;the second was not given consent and,thus,has committed trespass to land. 
B) As soon as the gates are closed,the store has revoked all consent and the first customer must leave immediately;the second has committed trespass to land. 
C) Because it is a retail store,both customers have been given implied consent. 
D) Though the second customer was not given consent to be in the store,Upper Cuff has no right to remove her from the store. 
E) If the final door had been locked,the first customer would have been wrongfully imprisoned.

Question 10

Bridget borrowed a book from Stefano.She later refused to return it to him when he asked.Which of the following statements is TRUE?

Accepted Answer

A) If Stefano wants to get the book back,he should sue for the tort of recaption. 
B) If Stefano sues for the tort of detinue,he will receive damages only if Bridget damaged the book in some way. 
C) If Stefano sues for the tort of detinue,the court may order Bridget to pay damages equal to the value of the book. 
D) If Stefano sues for the tort of conversion,he will succeed only if Bridget claimed to be the true owner of the book. 
E) If Stefano sues Bridget for both conversion and detinue,he may be entitled to receive compensatory damages representing twice the book's value. 
A) If Stefano wants to get the book back,he should sue for the tort of recaption. 
B) If Stefano sues for the tort of detinue,he will receive damages only if Bridget damaged the book in some way. 
C) If Stefano sues for the tort of detinue,the court may order Bridget to pay damages equal to the value of the book. 
D) If Stefano sues for the tort of conversion,he will succeed only if Bridget claimed to be the true owner of the book. 
E) If Stefano sues Bridget for both conversion and detinue,he may be entitled to receive compensatory damages representing twice the book's value.

Question 11

Which of the following statements is TRUE?

Accepted Answer

A) Chattels are immoveable forms of personal property. 
B) A trespass to chattels can never be committed unless the plaintiff's property was damaged. 
C) The tort of conversion usually leads to a forced sale in that the defendant is compelled to pay damages to the victim equal to the market value of the property converted. 
D) The tort of detinue can never be committed unless the plaintiff first asks the defendant to voluntarily return the disputed property. 
E) The right of recaption only applies to the recovery of land. 
A) Chattels are immoveable forms of personal property. 
B) A trespass to chattels can never be committed unless the plaintiff's property was damaged. 
C) The tort of conversion usually leads to a forced sale in that the defendant is compelled to pay damages to the victim equal to the market value of the property converted. 
D) The tort of detinue can never be committed unless the plaintiff first asks the defendant to voluntarily return the disputed property. 
E) The right of recaption only applies to the recovery of land.

Question 12

Fabrizio works at the Silk Nights Lingerie Shop in Polo Park Shopping Mall in Winnipeg.Despite being the store's leader in sales,he was not Silk Nights's most highly paid employee.In an effort to draw public support for his demand for higher wages,Fabrizio staged a picket inside of the mall when he was not working.Susana,who is employed by the mall as a security guard,was directed to remove Fabrizio from the premises.When he refused to leave voluntarily,she firmly took hold of his arm and led him out onto the street.Which of the following statements is TRUE?

Accepted Answer

A) Susana is liable for the tort of battery. 
B) Susana was entitled to use reasonable force to remove Fabrizio from the premises. 
C) Fabrizio cannot be held liable for the tort of trespass to land because he is an employee of Silk Nights. 
D) Fabrizio was entitled to use reasonable force to resist Susana's efforts to remove him from the premises. 
E) Susana,as a security guard,generally has the same rights and responsibilities as a police officer. 
A) Susana is liable for the tort of battery. 
B) Susana was entitled to use reasonable force to remove Fabrizio from the premises. 
C) Fabrizio cannot be held liable for the tort of trespass to land because he is an employee of Silk Nights. 
D) Fabrizio was entitled to use reasonable force to resist Susana's efforts to remove him from the premises. 
E) Susana,as a security guard,generally has the same rights and responsibilities as a police officer.

Question 13

The Scholar's Diner is located at the edge of a college campus in Ontario.Not surprisingly,most of its customers are college students.And most of those students are law-abiding patrons.There is,however,a substantial number of students who frequently "dine-and-dash." They sneak out the restaurant's back door after they have eaten,but before they have paid for their meals.Lily is one of those students.Which of the following statements is TRUE?

Accepted Answer

A) If Lily is caught sneaking out the back door,the restaurant will be entitled to sue her for breach of contract,but it will not be entitled to detain her. 
B) If Lily is convicted of a crime,she cannot also be held liable in private law. 
C) If Lily is caught sneaking out the back door,she may be arrested by a police officer but not by one of the restaurant's employees. 
D) If Lily is held liable in tort,she cannot later be charged with a crime in connection with the same events. 
E) If Lily is caught sneaking out the back door of the diner,she may be lawfully arrested by either one of the restaurant's employees or by another diner,however this course of action is not generally advisable. 
A) If Lily is caught sneaking out the back door,the restaurant will be entitled to sue her for breach of contract,but it will not be entitled to detain her. 
B) If Lily is convicted of a crime,she cannot also be held liable in private law. 
C) If Lily is caught sneaking out the back door,she may be arrested by a police officer but not by one of the restaurant's employees. 
D) If Lily is held liable in tort,she cannot later be charged with a crime in connection with the same events. 
E) If Lily is caught sneaking out the back door of the diner,she may be lawfully arrested by either one of the restaurant's employees or by another diner,however this course of action is not generally advisable.

Question 14

List and briefly explain the elements of the tort of malicious prosecution.

Accepted Answer

Malicious prosecution occurs when the de

Question 15

In a bar fight,Morpheus,without trying to hit Neo himself,tells Neo to stop trying to hit him and hit him.Neo then hits him very hard,breaking his rib.Morpheus then sues for the torts of assault and battery.Neo's best defense is

Accepted Answer

A) legal authority,but only if Neo is an off-duty police officer. 
B) self-defense because Neo was in danger of Morpheus doing the same to him. 
C) consent because Morpheus knowingly entered into the fight with him. 
D) that both consent and self-defense should be argued. 
E) that consent and provocation could both be argued. 
A) legal authority,but only if Neo is an off-duty police officer. 
B) self-defense because Neo was in danger of Morpheus doing the same to him. 
C) consent because Morpheus knowingly entered into the fight with him. 
D) that both consent and self-defense should be argued. 
E) that consent and provocation could both be argued.

Question 16

Which of the following situations would allow Dudley to successfully sue Inga for the tort of false imprisonment?

Accepted Answer

A) Inga,who works as a security guard in a store,physically detained Dudley after she caught him shoplifting,and Dudley consented to that detention. 
B) Inga,who works as a security guard in a store,verbally coerced Dudley,who thought he had no option,into remaining in a back room after she reasonably,but incorrectly,suspected him of shoplifting. 
C) Dudley was detained by the police after Inga,who works as a security guard in a store,honestly,but incorrectly told the police that Dudley was shoplifting. 
D) Inga,who works as a police officer,detained Dudley after she reasonably,but incorrectly,suspected him of shoplifting. 
E) Inga,a bus driver,refused to make an unscheduled stop for Dudley,even though she easily could have done so. 
A) Inga,who works as a security guard in a store,physically detained Dudley after she caught him shoplifting,and Dudley consented to that detention. 
B) Inga,who works as a security guard in a store,verbally coerced Dudley,who thought he had no option,into remaining in a back room after she reasonably,but incorrectly,suspected him of shoplifting. 
C) Dudley was detained by the police after Inga,who works as a security guard in a store,honestly,but incorrectly told the police that Dudley was shoplifting. 
D) Inga,who works as a police officer,detained Dudley after she reasonably,but incorrectly,suspected him of shoplifting. 
E) Inga,a bus driver,refused to make an unscheduled stop for Dudley,even though she easily could have done so.

Question 17

What is the right of recaption? When does it arise? What special risk management problem does it create?

Accepted Answer

The right of recaption arises when a cha

Question 18

Which of the following statements is TRUE?

Accepted Answer

A) A false imprisonment occurs even if the alleged victim could easily escape. 
B) A false imprisonment usually occurs though the victim consented to being detained. 
C) False imprisonment is just one type of a larger tort that is known as malicious prosecution. 
D) A restaurant generally has the authority to detain a customer who honestly disputes a bill. 
E) A storekeeper may in certain circumstances commit the tort of false imprisonment by directing the police to detain a suspected shoplifter,even if the storekeeper does not personally detain the suspect. 
A) A false imprisonment occurs even if the alleged victim could easily escape. 
B) A false imprisonment usually occurs though the victim consented to being detained. 
C) False imprisonment is just one type of a larger tort that is known as malicious prosecution. 
D) A restaurant generally has the authority to detain a customer who honestly disputes a bill. 
E) A storekeeper may in certain circumstances commit the tort of false imprisonment by directing the police to detain a suspected shoplifter,even if the storekeeper does not personally detain the suspect.

Question 19

Jessica and Nick recently broke off their relationship after living together for a few months.While their separation has been largely amicable,Nick is very upset that Jessica took his dog,Blue,with her when she moved out of the house that they had shared.The evidence clearly indicates that Nick had adopted Blue even before he met Jessica,and that both parties considered Blue to be Nick's dog.Jessica nevertheless refuses to part with the animal,although she is willing to buy Nick another dog.Nick intends to sue Jessica for the tort of interference with chattels.If he wants to get Blue,rather than the monetary value of Blue,which tort should he focus upon? What would Nick have to prove to succeed in his claim?

Accepted Answer

As a general rule,the only tort that all

Question 20

Roark Construction Inc.built a new high-rise apartment building on a piece of land that it called Randville.Six months after the building was completed,Cooper,the owner of the neighbouring property,proved on the basis of records and documents at the land titles office that Roark's new building extended 1 metre over the boundary between the two properties,and therefore is partially located on Cooper's property.Roark was entirely unaware of that fact during the construction process.Which of the following statements is TRUE?

Accepted Answer

A) Cooper cannot successfully sue for damages because it did not notify Roark of the problem until after the building was completed. 
B) A court almost certainly will grant an injunction that requires Roark to demolish its building and start the construction project over again. 
C) Roark may be held liable for an intentional tort even though it did not intend to commit any tort at all. 
D) Roark will be held liable for a trespass to land only if it unreasonably failed to check the documents at the land titles office. 
E) Because Roark committed a foolish,though honest,mistake the court will likely award punitive damages to Cooper. 
A) Cooper cannot successfully sue for damages because it did not notify Roark of the problem until after the building was completed. 
B) A court almost certainly will grant an injunction that requires Roark to demolish its building and start the construction project over again. 
C) Roark may be held liable for an intentional tort even though it did not intend to commit any tort at all. 
D) Roark will be held liable for a trespass to land only if it unreasonably failed to check the documents at the land titles office. 
E) Because Roark committed a foolish,though honest,mistake the court will likely award punitive damages to Cooper.

Exam 4: Intentional Torts

Which of the following situations would most likely allow Brian to successfully sue April for the tort of battery?

Francisco parked his car on a street and went shopping.While he was away,Joyce damaged Francisco's car by scratching it with a set of keys.Before she did so,the car was worth $5000.Afterwards,it was worth $4000.Which of the following statements is TRUE?

Axl was physically detained by two security guards who worked for a department store.Axl is entitled to sue for false imprisonment only if he proves that the security guards knew that he had not committed any crime.

Herman has committed the tort of trespass to land against Sonia.List four remedies that Sonia might receive and briefly explain a situation in which each would be appropriate.

The right of recaption is used by a person who wants to recover a piece of land that another person is wrongfully occupying.

Anna believes that Hugh has infringed her right to privacy.He took a photograph of her sunbathing on a secluded beach,and then published it in a magazine.She has sued him.Which of the following statements is TRUE?

During a recent incident at a shopping centre,Munier grabbed hold of Ishtla and held her until a police officer arrived.Which of the following statements is TRUE?

Bridget borrowed a book from Stefano.She later refused to return it to him when he asked.Which of the following statements is TRUE?

Which of the following statements is TRUE?

List and briefly explain the elements of the tort of malicious prosecution.

In a bar fight,Morpheus,without trying to hit Neo himself,tells Neo to stop trying to hit him and hit him.Neo then hits him very hard,breaking his rib.Morpheus then sues for the torts of assault and battery.Neo's best defense is

Which of the following situations would allow Dudley to successfully sue Inga for the tort of false imprisonment?

What is the right of recaption? When does it arise? What special risk management problem does it create?

Which of the following statements is TRUE?

Risk Management and Sources of Law

Litigation and Alternative Dispute Resolution

Introduction to Torts

Miscellaneous Torts Affecting Business

Negligence

The Nature and Creation of Contracts

Consideration and Privity

Representations and Terms

Contractual Defects

Discharge and Breach

Contractual Remedies

Special Contracts: Sale of Goods

Special Contracts: Negotiable Instruments

Real Property: Interests and Leases

Real Property: Sales and Mortgages

Personal Property: Bailment and Insurance

Intellectual Property

Electronic Commerce

Agency and Other Methods of Carrying on Business

Basic Forms of Business Organizations

Legal Rules for Corporate Governance

Secured Transactions

Dealing With Bankruptcy and Insolvency

Government Regulation of Business

Individual Employment

Organized Labour

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