Question 1

In tort,damages as a remedy attempt to put the victim in the position he or she would have been in had the tort never taken place.

Accepted Answer

A) True 
 B)False  True

Question 2

Explain how the standard of care imposed varies when particular expertise is involved (e.g.,a doctor).

Accepted Answer

The reasonable person test is really the reasonable person in the circumstances; therefore,the standard imposed with medical malpractice is what a reasonable doctor would have done in those circumstances.With other professions,what would a reasonable accountant or a reasonable plumber or electrician have done in the circumstances?

Question 3

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

Accepted Answer

A) that he or she act to the very best of his or her ability 
B) that he or she act sincerely and with goodwill 
C) that he or she act as may reasonably be expected of the normally skilled professional in that class 
D) that he or she act sincerely and as may reasonably be expected of a skilled professional 
E) that he or she act as a reasonably prudent person 
A) that he or she act to the very best of his or her ability 
B) that he or she act sincerely and with goodwill 
C) that he or she act as may reasonably be expected of the normally skilled professional in that class 
D) that he or she act sincerely and as may reasonably be expected of a skilled professional 
E) that he or she act as a reasonably prudent person C

Question 4

When Mr.P dropped off his wife at work,the driver behind him,Mr.H,angered by the slight delay in traffic,approached Mr.P's car,called him names,and then punched Mr.P in the nose and mouth area with a closed fist.Mr.H was convicted and sentenced in criminal proceedings for his action.Given these facts,which of the following is true?

Accepted Answer

A) Mr.P could also proceed in a civil action against Mr.H for the tort of nuisance. 
B) Mr.P could also proceed in a civil action against Mr.H for the tort of battery. 
C) Mr.P could not take a civil action because a criminal action had taken place,and the same behaviour or action cannot be the subject matter of both types of proceedings. 
D) Mr.P could ask for special damages,but not for general or punitive damages. 
A) Mr.P could also proceed in a civil action against Mr.H for the tort of nuisance. 
B) Mr.P could also proceed in a civil action against Mr.H for the tort of battery. 
C) Mr.P could not take a civil action because a criminal action had taken place,and the same behaviour or action cannot be the subject matter of both types of proceedings. 
D) Mr.P could ask for special damages,but not for general or punitive damages.

Question 5

A duty is owed when:

Accepted Answer

A) it would be apparent to a prudent person that the conduct was likely to cause injury. 
B) a person undertakes to rescue someone in danger. 
C) a person making a misstatement knew that it would be relied on by a member of a group. 
D) a visitor comes on your property. 
E) all of the above 
A) it would be apparent to a prudent person that the conduct was likely to cause injury. 
B) a person undertakes to rescue someone in danger. 
C) a person making a misstatement knew that it would be relied on by a member of a group. 
D) a visitor comes on your property. 
E) all of the above

Question 6

An investor who wanted to build a duplex asked the city zoning officer whether Lot A of Plan 16,known as 1 Street,was zoned for a single-family house or a duplex.The zoning officer was distracted by a news report on the radio and accidentally gave the investor a printed copy of the zoning for the wrong lot that said "duplex," although 1 Street was only zoned for single-family houses.After the investor began building a duplex,the city stopped him for building contrary to the zoning by-laws.He lost $50 000.On these facts (assuming all can be proven),which of the following is true?

Accepted Answer

A) The employer of the zoning officer could not be sued since the employer did no wrong. 
B) The zoning officer can be sued even though the investor did not have a contract with him (i.e.,he didn't pay for the information). 
C) A person can be sued only for actions that cause physical injury. 
D) The zoning officer could not be sued successfully since he had no intention of hurting anyone; his error was an accident. 
E) The cause of action most likely to be taken by the investor in this case is "deceit." 
A) The employer of the zoning officer could not be sued since the employer did no wrong. 
B) The zoning officer can be sued even though the investor did not have a contract with him (i.e.,he didn't pay for the information). 
C) A person can be sued only for actions that cause physical injury. 
D) The zoning officer could not be sued successfully since he had no intention of hurting anyone; his error was an accident. 
E) The cause of action most likely to be taken by the investor in this case is "deceit."

Question 7

Stella bought a cup of coffee at the drive-through window at a coffee shop.Holding the cup between her knees and attempting to take off the lid to add cream,she spilled the coffee.She suffered burns to her thighs.If this happened in Canada,which of the following is true?

Accepted Answer

A) To succeed with the defence that Stella volunteered to take the risk,the coffee shop would have to prove that Stella deliberately spilled the coffee. 
B) If the court finds the plaintiff contributorily negligent,causing 60% of her loss,Stella must suffer that portion of the loss and will not be compensated for it by the defendant. 
C) If the coffee shop claims there was no way to reasonably foresee that Stella would be harmed,the plaintiff's case would be dismissed even though Stella suffered burns. 
D) If Stella sues the coffee shop for negligence,she will only have to prove that the company owed her a duty of care. 
E) If Stella sues the coffee shop,the company's best argument is that it didn't owe her a duty of care. 
A) To succeed with the defence that Stella volunteered to take the risk,the coffee shop would have to prove that Stella deliberately spilled the coffee. 
B) If the court finds the plaintiff contributorily negligent,causing 60% of her loss,Stella must suffer that portion of the loss and will not be compensated for it by the defendant. 
C) If the coffee shop claims there was no way to reasonably foresee that Stella would be harmed,the plaintiff's case would be dismissed even though Stella suffered burns. 
D) If Stella sues the coffee shop for negligence,she will only have to prove that the company owed her a duty of care. 
E) If Stella sues the coffee shop,the company's best argument is that it didn't owe her a duty of care.

Question 8

The standard of care that is required of a professional in a negligence action is that he or she acts to the best of his or her ability.

Accepted Answer

A) True 
 B)False

Question 9

Joe,a concert pianist,was walking down the street when he was struck by Harry,a careless skateboarder,knocking him down and crushing his hand.When Joe sued Harry for his negligence,claiming the loss of income from his profession (he could never play piano again),Harry countered with the defence that there is no way he could have anticipated that the person he was going to hit was a concert pianist.Explain Harry's likelihood of success in raising this defence.

Accepted Answer

You take your victim the way y

Question 10

Contrast the use of the terms assault and battery in tort law as compared to their use in the Criminal Code.

Accepted Answer

Battery,in almost all tort cases,also in

Question 11

A published true statement that injures the reputation of the person it concerns is called defamation.

Accepted Answer

A) True 
 B)False

Question 12

Trevor and Roger,employees of Ezon Ltd.,accidentally dropped a crate that they were unloading.The crate just missed an 80-year-old woman,Mrs.Sloe,who was on her way to the bus stop.She was not hurt at all nor upset,because the crate fell behind her.Just to be sure she wasn't hurt or upset,Trevor said,"Let me take your arm and help you to the bus." She agreed,so he took her by the arm and walked with her for the rest of the block.When they arrived at the bus stop where others were waiting,she then turned to him,screaming,"Let go of me! You have no right to touch me!" With that,she hit him with her purse.On these facts,which of the following is true?

Accepted Answer

A) In law,the battery was committed by Mrs.Sloe. 
B) Mrs.Sloe could successfully sue Trevor and Roger for negligence. 
C) To avoid a negligence action,the standard of care owed by workers is to act sincerely and with goodwill. 
D) Mrs.Sloe could successfully sue Trevor for battery. 
E) In a negligence action,the standard of care owed by workers is to do the best they can. 
A) In law,the battery was committed by Mrs.Sloe. 
B) Mrs.Sloe could successfully sue Trevor and Roger for negligence. 
C) To avoid a negligence action,the standard of care owed by workers is to act sincerely and with goodwill. 
D) Mrs.Sloe could successfully sue Trevor for battery. 
E) In a negligence action,the standard of care owed by workers is to do the best they can.

Question 13

Which of the following best describes the primary purpose of tort law?

Accepted Answer

A) to punish wrongdoers 
B) to prevent crime 
C) to compensate victims of wrongful conduct 
D) to ensure that contractual promises are kept 
E) to force people to do good (e.g.,rescue those in trouble) 
A) to punish wrongdoers 
B) to prevent crime 
C) to compensate victims of wrongful conduct 
D) to ensure that contractual promises are kept 
E) to force people to do good (e.g.,rescue those in trouble)

Question 14

Mr.Reasoner was looking out his living room window and saw his next-door neighbour,Jon Bon,trying to burn leaves.Bon threw gasoline on the damp leaves,and when he lit a match,there was an explosion that sent flames in every direction.Luckily,no one was around,and the flame that shot onto Reasoner's property caused no harm whatsoever.Reasoner was upset by this carelessness and sued Bon for negligence.Which of the following is the best argument for the defendant Bon?

Accepted Answer

A) There were no damages suffered. 
B) Reasoner had voluntarily assumed the risk. 
C) Bon didn't owe the plaintiff a duty of care. 
D) Bon was not below the standard of care. 
E) Reasoner was contributorily negligent. 
A) There were no damages suffered. 
B) Reasoner had voluntarily assumed the risk. 
C) Bon didn't owe the plaintiff a duty of care. 
D) Bon was not below the standard of care. 
E) Reasoner was contributorily negligent.

Question 15

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 primary remedy is damages (i.e.,mone

Question 16

If a person persuades another to breach a contract with a third person,this may constitute inducing breach of contract.

Accepted Answer

A) True 
 B)False

Question 17

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

Question 18

Joe was jogging along a deserted trail beside a river when he met Sam coming the other way.Joe stopped and,in conversation with Sam,accused Sam of stealing and shoplifting from the store.Sam was appalled,became irate,and struck Joe in the nose.In the resulting fight,Joe was injured,suffering a broken nose and significant bruises.Finally,after some time,another jogger came along the trail and broke up the fight.Joe sued Sam for battery and Sam sued Joe for defamation.Explain the likely outcome.

Accepted Answer

Joe would win his battery action since h

Question 19

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 20

Which of the following incidents describes the legal meaning of the tort of assault?

Accepted Answer

A) Unknown to you,I throw a hammer at your head but miss. 
B) I throw a hammer at your head,but you see it coming and duck out of the way. 
C) When you are asleep in the house,I sneak up and throw a hammer through your garage window. 
D) I come up from behind you without your seeing me and hit the back of your knees,causing you to fall down. 
E) I accidentally drop a hammer on your foot. 
A) Unknown to you,I throw a hammer at your head but miss. 
B) I throw a hammer at your head,but you see it coming and duck out of the way. 
C) When you are asleep in the house,I sneak up and throw a hammer through your garage window. 
D) I come up from behind you without your seeing me and hit the back of your knees,causing you to fall down. 
E) I accidentally drop a hammer on your foot.

In tort,damages as a remedy attempt to put the victim in the position he or she would have been in had the tort never taken place.

Explain how the standard of care imposed varies when particular expertise is involved (e.g.,a doctor).

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

A duty is owed when:

Stella bought a cup of coffee at the drive-through window at a coffee shop.Holding the cup between her knees and attempting to take off the lid to add cream,she spilled the coffee.She suffered burns to her thighs.If this happened in Canada,which of the following is true?

The standard of care that is required of a professional in a negligence action is that he or she acts to the best of his or her ability.

Contrast the use of the terms assault and battery in tort law as compared to their use in the Criminal Code.

A published true statement that injures the reputation of the person it concerns is called defamation.

Which of the following best describes the primary purpose of tort law?

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

If a person persuades another to breach a contract with a third person,this may constitute inducing breach of contract.

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 ________.

Which of the following incidents describes the legal meaning of the tort of assault?

The Canadian Legal System

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters

Exam 2: Torts and Professional Liability

In tort,damages as a remedy attempt to put the victim in the position he or she would have been in had the tort never taken place.

Explain how the standard of care imposed varies when particular expertise is involved (e.g.,a doctor).

To win an action in negligence against a professional person,the plaintiff must prove,among other things,that the defendant's conduct was below an acceptable standard of care.Which of the following is the legal standard of care demanded of a professional person?

A duty is owed when:

Stella bought a cup of coffee at the drive-through window at a coffee shop.Holding the cup between her knees and attempting to take off the lid to add cream,she spilled the coffee.She suffered burns to her thighs.If this happened in Canada,which of the following is true?

The standard of care that is required of a professional in a negligence action is that he or she acts to the best of his or her ability.

Contrast the use of the terms assault and battery in tort law as compared to their use in the Criminal Code.

A published true statement that injures the reputation of the person it concerns is called defamation.

Which of the following best describes the primary purpose of tort law?

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

If a person persuades another to breach a contract with a third person,this may constitute inducing breach of contract.

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 ________.

Which of the following incidents describes the legal meaning of the tort of assault?

The Canadian Legal System

Formation of Contracts

Enforcing Contractual Obligations

Legislation in the Marketplace

Agency and Employment

Methods of Carrying on Business

Property

Ideas and Information

Electronic Commerce and International Trade

Filters