Deck 12: Other Torts

Question 1

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

Answer 1

B

Question 2

Which statement 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

Answer 2

D

Question 3

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 3

B

Question 4

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 5

What is a distinguishing characteristic of the tort of passing off?

A) It is a strict liability tort.
B) Goodwill or a reputation must be attached to the plaintiff's product.
C) The defendant must have intended to confuse the public.
D) The plaintiff must have trademarked their product.

Question 6

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 statement best describes this situation?

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 7

Which statement best describes 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.

Question 8

Symmetry Construction is installing pilings for the foundation of a new building it has been hired to construct.The noise emitted by the pile driver can be heard for several blocks.Why is a lawsuit against Symmetry for the tort of nuisance likely to be unsuccessful?

A) The disturbance is not substantial.
B) The disturbance is temporary.
C) Symmetry has a building permit to carry out the construction.
D) Construction noise is always exempted from the tort of nuisance.

Question 9

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

Question 10

Delwin hosted a family reunion at his home which was attended by over 40 relatives,some of whom parked in a church parking lot across from Delwin's home.What tort might Delwin's family members have committed by parking in the church parking lot?

A) occupier's liability
B) nuisance
C) trespass
D) intrusion upon seclusion

Question 11

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 12

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 13

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 14

Which of the following is an example of an interest that is not protected by the tort of nuisance?

A) right to peace and quiet
B) right to sunlight
C) freedom from unpleasant odours
D) freedom from vibration

Question 15

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 argument 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 16

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 17

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 18

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 19

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 20

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 21

How does one establish the defence of lawful authority?

A) by calling the police to carry out the arrest
B) by complying with s.494 of the Criminal Code
C) by proving lack of malice
D) by being a licensed security guard

Question 22

What is the common term for publishing a defamatory statement?

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

Question 23

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 24

PaintForU recently came up with a marketing plan that will refer to its competitor and suggest to readers that the competitor uses untrained and unskilled workers,a fact for which PaintForU has no evidence to support.What tort action might the competitor bring against PaintForU?

A) passing off
B) injurious falsehood
C) interference with contractual relations
D) deceit

Question 25

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 26

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 27

Which statement best describes the newly recognized tort of intrusion upon seclusion?

A) It has now been recognized in each province.
B) The plaintiff must prove the defendant's conduct was intentional.
C) There is no ceiling with respect to the damages available.
D) The defendant's actions must be deliberate and prolonged.

Question 28

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 29

Carrie writes a blog in which she reviews local restaurants.She recently published a blog which was highly critical of a restaurant because it mixed up her order and she found the food was cold and flavourless-all of which she shared with her readers.What defence might Carrie avail herself to if she is sued by the restaurant for the tort of defamation?

A) fair comment
B) qualified privilege
C) absolute privilege
D) responsible communication on matters of public interest

Question 30

What is the common term for broadcasting a defamatory utterance?

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

Question 31

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 32

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 33

Thane Accounting LLP recently hired Mitchell who was employed by a competing accounting firm and in doing so,caused Mitchell to violate a term of his contract with his old firm that required him to give one year's notice before leaving.What legal wrong might Thane have committed?

A) injurious falsehood
B) intrusion of seclusion
C) interference with contractual relations
D) negligence

Question 34

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 35

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 36

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 37

What is a distinguishing characteristic of the tort of battery?

A) It requires the plaintiff to prove harm.
B) It only requires offensive physical contact.
C) It requires proof of intent to harm.
D) It is an indictable offence.

Question 38

What must the defendant prove in order to establish the defence of justification?

A) The statement didn't refer to the plaintiff.
B) The statement was substantially true.
C) The defendant believed the statement was true.
D) The defendant did not intend to harm the plaintiff's reputation.

Question 39

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 40

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 41

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 42

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 43

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 44

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 45

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

Question 46

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 47

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 48

The tort of trespass is actionable without proof of loss or damage.

Question 49

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

Question 50

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 51

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

Question 52

An injunction is a common remedy sought in the case of the tort of trespass

Question 53

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

Question 54

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

Question 55

False imprisonment occurs most often in a retail setting.

Question 56

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 57

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 58

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

Question 59

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 60

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

Question 61

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

Question 62

The right to sunlight is protected by the tort of nuisance.

Question 63

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

Question 64

A new clothing store is training its staff on how to handle suspected cases of shoplifting.What advice should employees be given?

Question 65

The defence of fair comment requires the defendant to show that the comment was factually based.

Question 66

Outline the extent of liability of an occupier of a property for harm suffered by a trespasser.

Question 67

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

Question 68

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

Question 69

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 70

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 71

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 72

Briefly outline the requirements of the tort of intrusion upon seclusion.

Question 73

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

Question 74

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

Question 75

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.