Deck 12: Other Torts

Question 1

Foodworks Grocers is concerned about customer "slips and falls" and has a maintenance schedule that requires employees to conduct inspections of its produce area every 30 minutes for spills.How will this schedule impact Foodworks in relation to its duties as an occupier of the premises?

A) The existence of the schedule will discharge Foodworks' obligations as an occupier.
B) The adherence to its schedule may assist Foodworks in defending a lawsuit from an injured customer.
C) Foodworks will still be strictly liable for any falls that occur in the produce area.
D) Foodworks will only be liable if the customer can prove that its deliberate or reckless conduct caused the customer's fall.

Answer 1

B

Question 2

With respect to statutory requirements relating to occupiers' liability,which of the following would most likely be set out as a general requirement by provincial legislators creating such law?

A) to create a standard of duty to act with common humanity
B) to refrain from creating deliberate danger or harm
C) to create a high duty of care owed to trespassers
D) the common law standard of duty of care

Answer 2

B

Question 3

Which of the following statements is an accurate statement regarding an occupier under occupier's liability law?

A) An occupier must have sole control over the condition of the premises.
B) The owner of a property will always be an occupier of that property.
C) A temporary provider of services on premises cannot be an occupier.
D) It is possible to have more than one occupier of land or a building.

Answer 3

D

Question 4

As she exited her bank's building,Tallama's foot became entangled in a thick rope hanging from the building maintenance worker's window-washing platform onto the ground.Tallama lost her balance and broke her arm as she awkwardly hit the ground.Under which of the following torts will Tallama's lawyer most likely commence an action to recover damages?

A) occupiers' nuisance
B) contractual entrants' negligence
C) contractual entrants' liability
D) occupiers' liability

Question 5

Jarvis Holdings Inc.owns an office building in which it occupies half of the building but leases the other half of the building to a tenant.Who is the occupier of the building?

A) Jarvis is the owner and therefore the sole occupier of the building.
B) The tenant is the sole occupier.
C) Jarvis and the tenant are both occupiers in relation to the entire building.
D) Jarvis is an occupier of the space it uses and controls,and the tenant is the occupier of the leased premises.

Question 6

With respect to unusual dangers,which of the following is a recent modification to the general rule with respect to occupiers' responsibilities to licensees?

A) Liability arises from having actual awareness of them.
B) Liability for known hazards is highest when the visitor is a licensee.
C) Liability for known hazards is highest when the visitor is an invitee.
D) Liability arises from having reason to know about them.

Question 7

Which of the following statements best describes the legislative purpose of occupier's liability legislation?

A) to distinguish different classes of occupiers
B) to require all occupiers to take steps to ensure the utmost safety of all visitors
C) to impose a duty of care when a trespasser is a child
D) to impose a generalized duty of care based on the "neighbour" principle

Question 8

What provincial jurisdiction has abolished occupiers' liability altogether as a specialized category in law?

A) British Columbia
B) New Brunswick
C) Newfoundland
D) Quebec

Question 9

Jordan was seriously injured while trespassing on an abandoned industrial site.He had been exploring an abandoned building when part of a structure gave way under his weight.Why might Jordan's lawsuit against the site's owner fail?

A) because an injured trespasser cannot sue an occupier
B) because the site owner did not intentionally or recklessly cause Jordan's injury
C) because Jordan was only a licensee and not an invitee
D) because the site owner had posted a sign prohibiting trespassers from entering the property

Question 10

A lawyer is arguing that a promoter hosting a public New Year's social is liable in tort for negligence causing injury and loss to his client.Which of the following arguments most likely offers the strongest support for the claim for damages he is presenting to the court?

A) Occupiers have a moral obligation to keep the premises safe.
B) The promoter failed to provide a safe environment.
C) The promoter should assume both physical and legal risks.
D) The promoter advertised the event.

Question 11

Which of the following is synonymous with a warranty that "the premises are as safe as reasonable care and skill on the part of anyone can make them"?

A) a duty owed to an occupier's licensee
B) a duty owed to a contractual entrant
C) a duty owed to anyone who is a visitor
D) a duty owed to an occupier's invitee

Question 12

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?

A) nuisance
B) intrusion of seclusion
C) trespass
D) negligence

Question 13

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?

A) occupant
B) occupier
C) licensee
D) tenant

Question 14

Richard was shopping in a sporting goods store when he was approached by a security guard who told him he was suspected of shoplifting.The security guard then told Richard he had to accompany him to an office at the back of the store.Richard had stolen nothing but felt compelled to comply with the security guard's request.Which of the following statements is correct?

A) The security guard has committed the tort of defamation.
B) Richard cannot sue for false imprisonment because he voluntarily complied with the security guard's request.
C) Richard cannot sue for false imprisonment because he was not physically restrained by the security guard.
D) Richard may still sue for false imprisonment because he was coerced into complying with the security guard's request.

Question 15

Roslyn was stopped on her way to her seat during the hockey game and asked to show her ticket,which she readily did.Why did Roslyn have to comply with the usher's request to show her ticket?

A) to allow the usher to point out the exclusion of warranty
B) so she could be ushered to the correct seat
C) so she could confirm entry for the spectators' benefit
D) to show she had paid for the right to enter the premises

Question 16

Martina is meeting with a group of new trainees.One of management's main training goals is to improve employee awareness of the legal risks that can arise under occupiers' liability.What will Martina most likely stress as a distinguishing feature of this form of liability?

A) that an occupier owes a lower duty to a contractual entrant than an invitee
B) that each class of visitor is owed a different standard of care
C) the importance of ensuring entrants have paid for the right to enter
D) the severity of the liability when someone is classified as a trespasser

Question 17

Suspecting a burglar was attempting to enter his garage,Hakim let his Dobermans outside to take care of the threat.He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans' bites on the thief's hands and legs.Why has Hakim been named as a defendant in this lawsuit?

A) Hakim owed a duty of care to restrict the number of bites his dogs could inflict.
B) The injuries result from his reckless disregard for the trespasser's presence.
C) Hakim owed a generalized duty of care based on the neighbour principle.
D) The thief must be a child in order for injury to a trespass to be actionable.

Question 18

Roger's soccer team completed the entry form and submitted the fee to participate in a local weekend promotional tournament.Several players in the opening games became nauseated and very ill due to exposure to residue from a pesticide sprayed on the fields an hour earlier.In formulating a legal argument,which of the following could be applied to reach the equivalent to the standard of care set by Manitoba occupiers' liability legislation?

A) standard of common law duty of care
B) negligence standard
C) standard of statutory duty of care
D) neighbour standard

Question 19

Which of the following is a distinguishing characteristic of the tort of assault?

A) It requires physical harm.
B) It only requires offensive physical contact.
C) It requires a threat of imminent physical harm.
D) It is an indictable offence.

Question 20

Delmar Construction Inc.was unable to continue its apartment block construction project.Subsequent to the temporary suspension of construction,a child was seriously injured when he fell into the open basement portion of the building.What do these circumstances exemplify?

A) an exemption from liability owing to mischief
B) an exemption from liability owing to nuisance
C) occupiers' liability
D) Delmar's contractual liability

Question 21

What is the most likely outcome of a court's finding of a defendant's libellous conduct as being particularly reprehensible and oppressive?

A) punitive damages
B) special damages
C) general damages
D) exemplary damages

Question 22

Which of the following is typically derived from s.494 of the Criminal Code?

A) the authority to detain
B) the authority to search
C) the authority to act on suspicion of a crime
D) the authority to psychologically coerce

Question 23

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

A) federal environmental statutes
B) the common law tort of nuisance
C) municipal land-use bylaws
D) provincial environmental statutes

Question 24

A lawyer for a defendant is arguing that the plaintiff negligently failed to keep a proper lookout for pucks at a hockey arena,causing his own injury.What classification could likely be applied by a court to negatively influence the viability of this defence?

A) plaintiff as a trespasser on private property
B) flying pucks as a danger clubs ought to anticipate
C) flying pucks as substantial interference with enjoyment of the game
D) trespassers as presenting a substantially unreasonable intrusion

Question 25

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

A) proprietary trespass
B) passing off
C) inducement of breach of contract
D) product defamation

Question 26

What is the common term for broadcasting a defamatory utterance?

A) slander
B) liable
C) defamation
D) libel

Question 27

In law,which of the following most strongly supports a complete remedy for a business experiencing harm arising from another's deceptive copying?

A) an award of damages for a passing-off action
B) an injunction restraining interference with contractual relations
C) a statutory law remedy for passing off
D) an injunction restraining the offending activity and damages

Question 28

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?

A) the severity of injury from the falsehood
B) the remoteness of the damages
C) the severity of the defamation
D) the foreseeability of the damages

Question 29

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?

A) breach of goodwill
B) deceit
C) interference with contractual relations
D) breach of fiduciary duty

Question 30

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?

A) a qualified privilege
B) a complete defence
C) an absolute privilege
D) an opinion defence

Question 31

What is a distinguishing feature of court awards for damages arising from an actionable tort of interference with contractual relations?

A) personal service contracts are exempted from specific performance
B) specific performance is rarely awarded in master/servant relationships
C) damages are exempted in instances of inducement of breach of contract
D) courts rarely award damages for breach of personal service contracts

Question 32

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

A) the fraudulent use of dirty tricks
B) an uncommon remedy in damages
C) the tort of passing off
D) a reckless disregard for the truth

Question 33

A politician wrongfully accused another politician of election fraud during question period in the provincial legislature.What defence might the offending politician raise in the event she is sued for defamation?

A) absolute privilege
B) justification
C) fair comment
D) qualified privilege

Question 34

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

A) to displace the importance of common law protections set in nuisance
B) to make environmental trespass actionable without proof of harm or damage
C) to ensure that any guest refusing to leave a campsite when asked is a trespasser
D) to provide the certainty needed for resolving boundary/title disputes

Question 35

What is the common term for publishing a defamatory statement?

A) defamation
B) fair comment
C) libel
D) slander

Question 36

Which of the following is a distinguishing feature of the tort of battery?

A) Contact need not cause actual harm.
B) Contact need not be harmful or offensive.
C) Harm must flow directly from contract.
D) Harm must flow from careless disregard.

Question 37

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?

A) qualified privilege
B) fair comment
C) defamation
D) absolute privilege

Question 38

Which of the following is synonymous with the phrase "protect the reputation of individuals against unfounded and unjustified attacks" with respect to an actionable tort?

A) the law of unfair comment
B) the tort of defamation
C) the breach of qualified privilege
D) the tort of absolute privilege

Question 39

Leakage from a gold mine's tailings pond eventually leached through the soil,contaminating the groundwater system with high levels of cyanide.Dairy farmers in the region suffered heavy losses from the illness in their herds caused by the poisoned well water.With respect to the right to use and enjoy land,which of the following would a lawyer advising the farmers likely suggest as grounds for an actionable tort?

A) a nuisance action on the grounds of unreasonable and substantial interference
B) a negligence action on the grounds of breach of promise of absolute safety
C) a nuisance action on the grounds of temporary interference with property
D) a trespass action on the grounds of interference with property rights

Question 40

Which of the following is a distinguishing characteristic of the tort of deceit?

A) It is a strict liability tort.
B) It is sufficient that the wrongdoer has reckless disregard for the truth.
C) It is sufficient that the wrongdoer's statement was negligently made.
D) It is only available in contractual situations.

Question 41

An individual who is asked by security to leave a shopping mall will instantly become a trespasser against whom force can be used.

Question 42

Out of all of the common law Canadian provincial jurisdictions,only Alberta,British Columbia,Manitoba,Nova Scotia,Ontario,and Prince Edward Island have passed occupier's liability legislation.

Question 43

Which of the following is the most suitable substitute to having an after-the-fact debate on the standard of duty owed to an injured entrant?

A) determining what classification the injured plaintiff belongs under
B) knowing that insurance policies are adequate and in good standing
C) knowing whether children trespass onto neighbouring property
D) implementing preventive measures to maintain safe premises

Question 44

The tort of trespass is only actionable where there is proof of harm.

Question 45

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.

Question 46

Injurious falsehood consists of untrue statements made about the goods or services provided by that person.

Question 47

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?

A) qualified privilege
B) justification
C) absolute privilege
D) fair comment

Question 48

With respect to the management of the risk of passing off,which of the following would immediately let you know that training efforts have failed?

A) providing adequate warnings and protections to visitors
B) copying others treated as innovation by employees
C) maintaining adequate liability insurance coverage
D) reducing risk by keeping sidewalks clear of ice

Question 49

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.

Question 50

Occupier's liability describes the liability that occupiers have to anyone who enters onto their land or property.

Question 51

Which of the following is a distinguishing characteristic of injurious or malicious falsehood?

A) The burden of proof requires a plaintiff to establish malicious harm to his reputation.
B) The plaintiff must prove a false statement harming her reputation was intentional.
C) The burden of proof requires a plaintiff to establish a negative product statement is false.
D) The plaintiff must prove a malicious statement about service or products and its falsehood.

Question 52

Which of the following is problematic in the legal context of comparative and negative advertising?

A) qualified privilege
B) injurious falsehood
C) fair comment
D) defamation

Question 53

Any person who comes onto the property to provide the occupier with a benefit is legally described as a licensee.

Question 54

The defence of "legal authority" requires that the defendant immediately contact the police after making a citizen's arrest.

Question 55

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

A) reputation,right to exclusive enjoyment,and dignity
B) proof of damage arising from an actionable privacy violation
C) the protection of the privacy of young offenders
D) disclosure,use,and collection for commercial purposes

Question 56

The main tort actions arising from occupation of property relate to passing off,injurious falsehood,and deceit.

Question 57

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.

Question 58

In order to successfully sue for assault,Bonita must prove that actual physical or offensive contact occurred.

Question 59

It is entirely possible to have more than one occupier of land or a building.

Question 60

The tort of nuisance will usually fail where the intrusion is only temporary.

Question 61

The tort of deceit only arises in the contractual area.

Question 62

The torts of assault and battery are very common in the business and professional context.

Question 63

Identify and briefly describe the elements that must be proven by a plaintiff seeking a remedy from a court for an actionable tort of passing off.

Question 64

Explain the general test and related guidelines applied by the courts when considering whether conduct amounts to nuisance.

Question 65

Arwyn is a highly successful artist.She has recently become aware of a gallery that is selling replicas of some of her smaller sculptures.Identify the tort claim available to Arwyn in these circumstances and explain what a court will require to be proven to its satisfaction.Briefly discuss the effect satisfying this requirement will have,with respect to providing a remedy for Arwyn.

Question 66

Passing off involves presenting another's goods or services as one's own.

Question 67

The act of coming onto another's property without the occupier's express invitation or implied consent gives rise to the tort of invasion of privacy.

Question 68

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

Question 69

Identify and briefly explain the various methods a business facing potential tort liabilities should implement to effectively manage those risks.

Question 70

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

Question 71

Briefly explain how the law protects privacy.

Question 72

Identify the types of torts that arise from business operations in relation to its customers.Provide a brief explanation of the assurances the law seeks to provide through the application of these types of torts.

Question 73

Identify and describe the questions that would be considered appropriate for inclusion in a risk management list of questions for use by a business that designs and creates consumer goods.

Question 74

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

Question 75

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

Question 76

Identify who an occupier of a building is responsible for and briefly explain the basis on which the extent of that responsibility is varied.