Deck 3: Intentional Torts

Question 1

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?

A)Louisa can successfully sue Eva for the tort of malicious prosecution.
B)Louisa can successfully sue Eva for intrusion upon seclusion
C)Eva is liable for the tort of false imprisonment
D)Eva is liable for the tort of nuisance
E)Eva is not liable for anything

Answer 1

E

Question 2

Which of the following is NOT required to find a person liable for false imprisonment?

A)a person is deprived of their liberty
B)a person is detained against their will
C)a person is physically restrained by another person
D)the person who was detained has not done anything illegal
E)all of the above are required in a false imprisonment case

Answer 2

C

Question 3

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 gets 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 it is discovered that the manager had been mistaken. Which of the following statements is correct?

A)Rita and Ron can successfully sue the store owners for false imprisonment
B)The tort of false imprisonment does not arise on the facts as police personnel were involved
C)Rita and Ron were not falsely imprisoned as they were never physically restrained
D)Rita but not Ron can sue for false imprisonment as only she had expressed a desire to leave the store.
E)The store owner has not committed a tort as he honestly believed they had stolen goods

Answer 3

A

Question 4

A store knew that a person had stolen goods but accidentally detained a person who looked very similar to the real thief, but it was the wrong person. As a result the store

A)is not liable as the two people looked very similar
B)can claim it had legal authority and avoid any liability for its actions
C)can claim that it had arrested the person for the purpose of its investigation so it was legal
D)is not liable because a crime had been convicted
E)is liable for false imprisonment

Question 5

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?

A)Eva has committed the tort of false imprisonment
B)Louisa can sue Edit for injurious falsehood
C)Eva is liable for malicious prosecution
D)Eva is liable for nuisance
E)Eva is liable for intrusion upon seclusion

Question 6

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?

A)Rita and Ron were not falsely imprisoned as they were never physically restrained
B)Rita but not Ron can sue for false imprisonment as only she had expressed a desire to leave the store
C)No tort has been committed by the store owner because the two had stolen goods
D)Rita and Ron can successfully sue the store owners for false imprisonment
E)The tort of false imprisonment does not arise on the facts as police personnel were involved

Question 7

Jimmy Lane, the owner of a convenience store, suspects that Tom has shoplifted a can of pop. Jimmy approached Tom and demanded to look into his backpack. Tom refused whereupon Jimmy grabbed Tom, spun him around and opened his backpack to discover the can of pop. Which of the following statements best describes the legal position?

A)Tom has committed the tort of conversion
B)Jimmy has committed the tort of false imprisonment
C)Jimmy has not committed any torts
D)Jimmy has committed the tort of assault
E)Both A and D

Question 8

Which of the following is an unintentional tort?

A)libel
B)trespass
C)false imprisonment
D)negligence
E)nuisance

Question 9

Which of the following is an unintentional tort?

A)Stealing trade secrets
B)Punching a person out of anger
C)Driving into another car damaging their door because you were texting
D)Falsely claiming your product is superior to another in a TV commercial
E)Failing to leave someone's premises after being told to do so

Question 10

Jeff, the owner of a music store, suspects that Tina has shoplifted several CDs. Jeff approached Tina just after she left the store and demanded to look into her purse. Tina refused and started to walk away whereupon Jeff grabbed Tina's arm and her purse fell to the ground and several CDs fell out. Which of the following statements best describes the legal position?

A)Jeff has committed the tort of false imprisonment
B)Jeff has not committed any torts
C)Jeff has committed the tort of assault
D)Jeff has committed the tort of trespass to goods
E)Both A and C

Question 11

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?

A)Barry has committed the tort of negligence.
B)Barry has not committed any torts as he has a legal right to keep the property to make up for his loss.
C)Barry has committed the tort of conversion.
D)Barry has committed the tort of trespass
E)The law will not help Larry to recover the lawnmower as he is responsible for making equivalent payment to Barry for the lawnmower which his children destroyed.

Question 12

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, Barry died and his wife Sylvia became the executor of his estate. Six months after Barry's death, Larry told Sylvia that he wanted back his lawnmower but Sylvia who refused to give it to him as she mistakenly believed that it had belonged to her husband. Which of the following statements best describes the legal position?

A)Sylvia has committed the tort of conversion.
B)Sylvia has committed the tort of trespass.
C)Larry cannot recover the lawnmower as Barry has died and the law requires that he should have recovered it from the person to whom it was loaned.
D)Sylvia has not committed any torts as she did not intend to act dishonestly.
E)Sylvia has no obligations to return the lawnmower to Larry as she was not the one who had borrowed it.

Question 13

Which of the following is a strict liability offence?

A)conversion
B)assault
C)battery
D)libel
E)passing-off

Question 14

The word "tort" means

A)criminal
B)contractual
C)wrong
D)together
E)malicious

Question 15

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?

A)trespass
B)intentional interference with economic relations
C)conversion
D)negligence
E)injurious falsehood

Question 16

Vicarious liability would

A)hold a bartender responsible if a drunk customer injures another customer
B)hold the government responsible if businesses were forced to close so a highway could be expanded
C)hold a factory responsible if loud noises disturb a neighbourhood
D)hold an employer responsible for damages their workers cause in the course of work
E)hold a parent responsible for a contract their child signed

Question 17

Jonas and his friends have been behaving in a disorderly manner at the local public shopping mall so the property manager advised them in writing that they were no longer allowed onto the premises. Which of the following statements is TRUE?

A)Jonas and his friends can enter the mall again if they behave themselves
B)Jonas and his friends cannot be barred from the mall as it is a public mall
C)if Jonas and his friends enter the mall again they will commit the tort of conversion.
D)If Jonas and his friends enter the mall again they will be trespassers
E)Jonas and his friends had been trespassing in the mall all along as they had never been given express permission to be there.

Question 18

Sally was in a bar at the counter enjoying her drink, when a another patron Bev, who was drunk accused her of making eyes at her favourite bartender. Sally ignored this whereupon Bev hit her in her face causing a slight cut and attempted to grab her hair. Sally pushed Bev down whereupon two men held onto Bev to prevent her from continuing her attack. Sally then threw a bottle of beer at Bertha, striking her below her eye. Which of the following statements best describes the legal position?

A)Sally did not commit any torts
B)Sally is not liable for any tort as she can claim self defence
C)Bev cannot successfully sue Sally as Bev started the entire incident
D)Bev committed the tort of negligence
E)Sally committed the tort of battery against Bev

Question 19

Based on Desiree's testimony, John was convicted for murder and sentenced to life imprisonment. As he left the court for jail, John saw Desiree and shouted out "Lady, I am going to hurt you real bad". On hearing this, Desiree went into nervous shock and fainted. Which of the following statements is TRUE? John has

A)committed the tort of battery
B)committed the tort of assault
C)committed the tort of nuisance
D)committed the tort of injurious falsehood
E)not committed any tort

Question 20

Ted loaned his snow blower to Rajesh but told him he had to return it by January 7 when Ted would be home from vacation. Ted went to Rajesh on January 7 and asked for it back, but Rajesh said he had taken it to his chalet up north and was keeping it as Ted owed him money for a fence repair and the snow blower was worth about that much. As a result Rajesh is

A)liable for trespass to goods
B)liable for conversion
C)liable for negligence
D)liable for inducing breach of contract
E)not liable for anything if the snow blower is the same value as the fence repair

Question 21

Which of the following statements is TRUE?

A)a person who pays to enter a club cannot become a trespasser
B)a shopping mall cannot ban certain people from entering the mall
C)reasonable force can be used to remove a person who is asked to leave a store and refuses
D)stores are often quick to charge shoplifters as it is a fast, cheap and usually successful trial
E)a bar must call the police if it wants to remove an obnoxious customer

Question 22

Which of the following applies if a business wishes to revoke an individual's permission to enter its premises?

A)The business must provide reasonable grounds for the revocation.
B)The business must first ask the individual to leave the premises.
C)The business can revoke permission without any reason
D)The business must have caught the individual in the act of shoplifting
E)Both B and C.

Question 23

Denise had been shopping in Pets Are Us and left the store to go to her car in the store's parking lot without having made a purchase. Cassandra, a security person with Pets Are Us, thought she had seen Denise put tin of fish food in her purse while standing in front of one of the counters. Cassandra asked management to call the police and followed Denise to her car, and stood immediately behind it so that Denise could not reverse out of the parking space. Denise's car was surrounded on the three other sides by parked cars and Cassandra refused to move when Denise asked her to. When the police arrived it turned out that Denise had not taken anything from the store but had simply removed her watch and placed it in her purse. Which of the following is TRUE?

A)The business would be liable for false imprisonment as Denise was physically restrained from leaving the premises.
B)The business would not be liable for false imprisonment as Denise had not been physically restrained and was free to leave her car and walk away at any time.
C)The business would be liable because although no actual touching occurred there was a threat of physical restraint.
D)The business would not be liable as there had been no threat of embarrassment or public humiliation to Denise.
E)The business would not be liable because Denise had reasonable and probable grounds to believe that Cassandra had committed theft.

Question 24

Which of the following is NOT a defamation defence?

A)innocent dissemination
B)absolute privilege
C)fair comment
D)freedom of speech
E)public interest responsible communication

Question 25

Ray was very angry at Mitchell when he lost a bet to him over a hockey game. Ray walked by Mitchell's car and used his keys to put a deep scratch into the side of Mitchell's car. As a result Ray could be liable for

A)trespass
B)negligence
C)conversion
D)inducing breach of contract
E)trespass to goods

Question 26

Sam Al-Faloudi was the owner of Awful Falafel and did not like Joe Williams. Joe came to the restaurant and Al-Faloudi told him to get out. Joe refused, saying Al-Faloudi had no right to make him leave. Which of the following is TRUE?

A)Joe is correct, and the restaurant is public property.
B)Joe is wrong, and the restaurant is private property.
C)Al-Faloudi cannot use force to eject Joe but must call the police
D)Al-Faloudi can use reasonable force to eject Joe.
E)Both B and D

Question 27

A doctor is concerned that if a patient doesn't have an operation, the patient may become very ill. There is a very slight chance of blindness from the operation. The chance is so slight that the doctor does not tell the patient for fear the patient may not have the operation. The patient consents to the operation. The operation is not a success, and the patient goes blind. Which of the following is TRUE? The doctor has

A)not committed a tort because he honestly acted in the patient's best interest.
B)not committed a tort because the patient consented to the operation.
C)committed the tort of assault.
D)committed the tort of battery.
E)committed a criminal assault.

Question 28

Mike and Tony are having a heated argument at work in the course of which, Tony says in a loud voice so that others nearby would hear: "You are a horrible person. It is not enough that you run around with prostitutes, you are now swindling men like me out of their life savings." Which of the following statements is TRUE?

A)if Mike sues for defamation, Tony can rely on the defence of qualified privilege.
B)Mike can sue for slander it can be proven that the statements are untrue
C)Mike can sue for libel if it can proven that the statements are untrue
D)Mike cannot sue even if it is proven that the statements are untrue
E)If Mike sues, Tony can rely on the defence of fair comment.

Question 29

Jack thought it would be fun to paint rude swear words all over the mailboxes in his apartment building. If Jack was caught, the building owner could sue Jack for

A)negligence
B)trespass
C)trespass to goods
D)battery
E)injurious falsehood

Question 30

Which of the following statements is FALSE? In malicious prosecution

A)criminal charges are laid against a person who is innocent
B)crown attorneys cannot be the defendant
C)there was no reasonable grounds for bring the criminal charges against a person
D)a person or a corporation can be liable for this tort
E)the person who caused the charges to be laid acted with malice or an improper motive

Question 31

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?

A)Sri can successfully sue Oliver for malicious prosecution.
B)Sri can successfully sue Oliver for assault
C)Oliver can successfully sue Sri for battery
D)Sri can successfully sue Oliver for slander
E)Sri can successfully sue Oliver for battery

Question 32

John Rodriques, a landlord, knowingly put a dangerous high level of chlorine in the pool in his apartment building to discourage use of it. Anna, a tenant, became ill as a result. Which of the following is TRUE? The landlord has

A)committed the tort of battery.
B)not committed the tort of battery because he didn't touch the tenant.
C)committed the tort of negligence.
D)committed the tort of assault
E)not committed any tort. He is exercising his property rights.

Question 33

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

A)injurious affection
B)injurious falsehood
C)intentional interference with economic interests
D)malicious prosecution
E)assault

Question 34

The David Chen case is famous as it resulted in a change in the law relating to

A)employer's liability for workers actions
B)a citizen's arrest within a reasonable amount of time after a crime was committed
C)a store's liability for false imprisonment when it mistakenly held the wrong person
D)a reporter's right to make critical comments
E)an employer's right to search employees it thinks have stolen goods

Question 35

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)If Susan sues Betty for defamation, Betty can use fair comment defence
B)Betty has committed slander against Susan
C)Betty committed no tort because nobody will take her words seriously
D)Susan can sue for defamation if the statements made about her are not true
E)None of the above

Question 36

Marlon and Peter who are alone in an office together, are having an argument during the course of which Marlon says to Peter: "You are the lowest form of a thief". Marlon does not have any knowledge of Peter being a thief. Which of the following is TRUE?

A)Marlon has not committed a tort
B)Marlon has not committed a tort because words said in the heat of an argument are not actionable.
C)If Peter sues Marlon for defamation, Marlon can successfully rely on the defence of absolute privilege.
D)If Peter sues Marlon for defamation, Marlon can successfully rely on the defence of qualified privilege.
E)Peter can sue Marlon for defamation because Marlon has made an untrue statement about him.

Question 37

A woman testified in court that a celebrity sexually assaulted her. In fact, she said this only to extort money from the celebrity. The celebrity is considering suing her for defamation. Which of the following is TRUE?

A)Since the testimony was false the woman would have no defence.
B)The defence of qualified privilege would apply
C)The defence of fair comment would apply because the celebrity is a public figure..
D)The defence of absolute privilege would apply
E)The defence of innocent dissemination would apply

Question 38

Anne stole Raoul's $1,500 lap top computer. What is this act called in tort law?

A)Injurious falsehood
B)Theft
C)Conversion
D)Obtaining money by false pretenses
E)Trespass to goods

Question 39

An employer is required to compensate for harm caused by its employees in the course of work due to the principle of

A)vicarious liability
B)joint and several liability
C)workers' compensation liability
D)employment equity
E)insurance disclosure

Question 40

Zenon Rostov writes in a letter to Georgi Bakhunin that Edward Branson has been convicted of fraud. Georgi repeats this false information orally to Natalya Orlov. Which of the following is TRUE?

A)The statement in the letter is slander.
B)The statement in the letter is libel
C)The repetition of the statement by Georgi to Natalya is slander
D)Both B and C
E)These actions are injurious falsehoods

Question 41

When Jose Lopez left General Motors and took an executive position with Volkswagen, General Motors (GM)accused him of taking top secret designs and strategies. Which of the following statements is FALSE?

A)Volkswagen may have been liable for inducing breach of confidential information
B)Volkswagen may have been liable for passing off
C)Lopez may be liable for misuse of confidential information
D)A court may have awarded GM punitive damages if it went to trial
E)this case settled out of court and GM received a multi-million dollar amount

Question 42

The famous case of Lac Minerals v. Corona Resources was a dispute over a gold mine that involved

A)misuse of confidential information
B)fraud
C)intentional interference with economic relations
D)conspiracy
E)trespass

Question 43

Another term for injurious falsehood is

A)corporate slander
B)product defamation
C)deceit
D)civil fraud
E)passing off

Question 44

People who picket on the public sidewalks in front of the homes of doctors who perform abortions with signs saying "Abortion is Wrong" can be

A)liable for trespass
B)liable for nuisance
C)liable for defamation
D)liable for battery
E)liable for assault

Question 45

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

A)pecuniary damages
B)an injunction
C)an accounting of profits
D)an order of specific performance
E)a deliver up order

Question 46

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?

A)intentional interference with economic relations
B)inducing breach of confidential information
C)injurious falsehood
D)passing off
E)no tort has been committed

Question 47

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

A)sue the bar for trespass
B)sue the bar for nuisance
C)sue the bar for negligence
D)sue the bar for trespass to goods
E)give up complaining as the bar has a legal right to operate

Question 48

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

A)rule McD's is liable for passing off
B)possibly award the fast food company damages
C)issue an injunction to stop McD's from using that name
D)all of the above
E)rule McD's has done nothing wrong

Question 49

Mary testifies at a trial that her former boss, the president of a chemical company, stole money from the company and used it to pay off his gambling debts. If the chemical company president tries to sue Mary for the statements she made at trial, Mary could

A)has the defense of fair comment
B)has the defense of absolute privilege
C)has the defense of qualified privilege
D)has the defense of public interest responsible communication
E)be liable for defamation

Question 50

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

A)has the defense of qualified privilege
B)has the defense of fair comment
C)has the defense of absolute privilege
D)has the defense of innocent dissemination
E)is liable for defamation

Question 51

Which of the following statements is FALSE? In nuisance law

A)remedies usually include an injunction
B)if there is a public nuisance private individuals cannot sue as well
C)courts can require the defendant to take remedial action or construction to stop the nuisance
D)smoke, noise and golf balls can all be the source of a nuisance action
E)most disputes are private disputes

Question 52

Snuff-it had always promoted its various snuff products as being 100% pure It had approximately 60% of the market for this product. A competitor, Interesting Plant Products, without investigating Snuff-it's product, was bringing out a new line of snuff products which would be in direct completion with Snuff-it. Interesting Plants began an advertising campaign which suggested that Snuff-it's products were less than 100% natural, which was not the case. Which of the following is TRUE?

A)A product cannot have a reputation which can be damaged
B)Interesting Plants has committed the tort of injurious falsehood
C)Interesting Plants has committed the tort of defamation.
D)Snuff-It must prove actual loss for damages to be awarded
E)Interesting Plants is merely engaged in normal business competition in a free market

Question 53

Tina had a large compost pile in her backyard and the smell greatly irritated her neighbour Paul. Paul was so angry he went over to Tina's one day and told her to stop composting that smelly garbage or he would take her to court. Tina told Paul to leave but he continued to look around her backyard. When he finally left he intentionally kicked her gate and broke it and stole some tools that she had left near the gate. As a result which of the following statements is FALSE?

A)Tina is liable for nuisance
B)Paul is liable for conversion
C)Paul is liable for trespass to goods
D)Paul is liable for negligence
E)Paul may be able to get an injunction

Question 54

Stella bought a new refrigerator from Sears and wrote a personal cheque for it for $1,800. Stella knew that there was only $500 in her bank account when she wrote the cheque, but she needed the refrigerator right now. Stella thought if she got a new job soon she would pay Sear the money she owed. Sears could

A)successfully sue Stella for negligence
B)successfully sue Stella for nuisance
C)successfully sue Stella for trespass to goods
D)successfully sue Stella for conversion
E)not successfully sue Stella as she did plan to pay if she got a new job soon

Question 55

Which of the following is NOT an intentional business tort?

A)passing off
B)inducing breach of contract
C)professional negligence
D)intentional interference with economic relations
E)breach of confidential information

Question 56

Which of the following statements is FALSE? In nuisance law

A)the harm can be minimal and reasonable but still result in the defendant being liable
B)the government can sue if it is a public nuisance
C)picketing by workers can be considered a nuisance in some situations
D)the court will consider the importance of the activity complained of
E)the court will consider the nature of the area and the duration of the activity

Question 57

Markland International a company specializing in fashion distribution wishes to expand its operations in Asia and in order to do so offered Peter Ramsey a senior employee of its main competitor Greyland Inc, $75,000 to come and work for it. Peter brought with him documents showing Greyland's marketing strategy for Asia which Markland has used. Which of the following is TRUE?

A)Markland has not committed any torts as employees are free to work for whomever they want to
B)Markland can be sued for passing off
C)Markland can only be sued if Greyland has suffered damage
D)Markland can be sued for trespass
E)Markland can be sued for international interference with economic relations

Question 58

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

A)Injurious falsehood
B)Passing off
C)Inducing breach of contract
D)Conversion
E)Misleading advertising.

Question 59

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

A)designs
B)sales data
C)client files
D)training manuals
E)all of the above would be confidential information

Question 60

Vian Corp. offered Ken Ng $300,000 if he would quit working for the rival Avar Ltd. and join Vian. Despite having 2 years left on his contract, Ken quit Avar and took his client lists with him and joined Vian. Ken has continued to contact his former Avar clients and Avar is furious. As a result which of the following statements is FALSE? Avar can

A)successfully sue Ken for breach of contract
B)successfully sue Vian for breach of contract
C)successfully sue Ken for breach of confidential information
D)successfully sue Vian for inducing breach of confidential information
E)seek pecuniary and punitive damages

Question 61

Burger World is a major fast food chain and it bought its coffee from Koffee Inc. Jake is a salesman for Java Inc. Lisa works for Burger World and is in charge of purchasing supplies such as coffee. Jake offers Lisa $250,000 if she will stop buying coffee from Koffee Inc. and purchase coffee from Java Inc. Lisa agrees and stops buying from Koffee and purchases only Java Inc. coffee. Koffee Inc. is very upset at losing the Burger World account as it sold over $7 million in coffee each year to Burger World. If Koffee Inc. discovers this agreement between Lisa and Jake, Koffee Inc. can

A)do nothing as Burger World can buy products from any supplier it wants
B)successfully sue Lisa for passing off
C)successfully sue Burger World for misuse of confidential information
D)successfully sue Lisa and Jake for intentional interference with economic relations
E)successfully sue Lisa and Jake for conversion TRUE/FALSE QUESTIONS

Question 62

A person who writes a cheque to purchase goods knowing that they did not have enough money in their bank account can be liable for the tort of conversion.

Question 63

Doctors can be liable for battery in certain situations if they have not obtained consent from their patients.

Question 64

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

A)Karl is liable for product defamation
B)Karl is liable for slander
C)Karl is liable for trespass
D)Karl is liable for breach of confidential information
E)Karl has not nothing illegal

Question 65

A store has the right to search the bags of a person that they honestly suspect has stolen goods.

Question 66

In order for the tort of false imprisonment to be committed, the victim must have been
physically restrained and locked up.

Question 67

A property owner can use reasonable force to remove a trespasser.

Question 68

Leo's Furniture in its ads tells customers that they should buy their furniture from them as the other major furniture store in town, Honest Ted's, was going bankrupt, and would not be able to provide any service or warranty coverage in the future. Honest Ted's is furious because it is not going bankrupt. Honest Ted's could sue Leo's Furniture for

A)intentional interference with economic relations
B)passing off
C)product defamation
D)conspiracy
E)slander

Question 69

Star Music Inc. sells Taylor Swift CDs. It turns out that the songs are Taylor Swift tunes, but it is not her that is singing them on the Star Music CD, but instead an unknown singer with a bad voice. Star Music could be liable for

A)conspiracy
B)passing off
C)trespass to goods
D)product defamation
E)intentional interference with economic relations

Question 70

A person being sued for the tort of conversion will have a complete defence where it can
be shown that he or she has acted innocently.

Question 71

Consent, self-defence and provocation can be complete defences to a claim of assault and battery.

Question 72

All crimes are torts and all torts are crimes.

Question 73

A company is liable for damages that their employees commit in the course of their work.

Question 74

If a person is suing their neighbour for nuisance, they must prove that it was a substantial and unreasonable disruption of their use or enjoyment of their property.

Question 75

The tort of trespass can only be committed by persons who behave in a disorderly manner.

Question 76

A person who intentionally breaks the windows on another person's car can be liable for trespass to goods.

Question 77

Intrusion upon seclusion cases usually result in very large damage awards being given by Canadian courts.

Question 78

Defamation, trespass and false imprisonment are all intentional torts.

Question 79

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.

Question 80

If one parent tells another parent a lie that damages the reputation of a teacher their children both have, it is not defamation unless this lie is communicated to a third party.