Deck 2: Tort Law

Question 1

Able entered a small restaurant and sat on a stool at the lunch counter.Baker entered the restaurant a few moments later,and sat down at the lunch counter next to Able.For no apparent reason,Able suddenly struck Baker on the side of the head with his fist,knocking Baker to the floor.Baker raised himself from the floor,then seized Able,and tossed him through the large glass window at the front of the restaurant.Able was seriously injured,and hospitalized as a result of the incident.
Baker is liable for the injury to Able because it was not necessary for him to act in self-defence.

Answer 1

True

Question 2

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
The injured ankle was the proximate cause of Maya's more serious injury in the automobile accident,because Wes had hired the taxi to send her to the hospital.

Answer 2

False

Question 3

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
Wes has strict liability for any injury to Maya,because he was the owner of the sidewalk.

Answer 3

False

Question 4

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
Wes's actions were too remote to be the cause of the car accident in which Maya received serious injuries

Question 5

Bethany and Callan owned adjacent houses in a subdivision.Bethany's house and lot were located on slightly higher ground than Callan's,and the natural flow of water was downhill toward Callan's house.The two houses were separated by an 8-foot-wide driveway,of which each homeowner owned one-half.One day,Bethany changed the location of the eavestrough downspout on her house to direct the flow of water from her roof across the driveway,which sloped toward Callan's house.The first heavy rain resulted in the flooding of Callan's basement,because Bethany had directed all of the rain that had collected on her roof toward and into Callan's basement window.
Bethany is liable for trespass by directing the rainwater collected on his roof toward Callan's property,if she did so with the intention of flooding Callan's basement.

Question 6

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
Maya was the author of her own misfortune,because she should have foreseen the risk of injury by walking on an icy sidewalk.

Question 7

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
The court would likely consider what a reasonable person would have done or foreseen in determining the duty of care in this case.

Question 8

Bethany and Callan owned adjacent houses in a subdivision.Bethany's house and lot were located on slightly higher ground than Callan's,and the natural flow of water was downhill toward Callan's house.The two houses were separated by an 8-foot-wide driveway,of which each homeowner owned one-half.One day,Bethany changed the location of the eavestrough downspout on her house to direct the flow of water from her roof across the driveway,which sloped toward Callan's house.The first heavy rain resulted in the flooding of Callan's basement,because Bethany had directed all of the rain that had collected on her roof toward and into Callan's basement window.
Callan should have foreseen the entry of the water from Bethany's downspout,and dug a ditch to direct it away from her house.

Question 9

Jones captured a large rattlesnake while on a camping trip,and brought it home to his apartment in the city.He kept the snake in a glass aquarium that he had covered with a wire screen.One day,after feeding the snake,he accidentally failed to fasten down the screen cover,and the snake escaped from the aquarium.The snake managed to enter the adjoining apartment by way of an open balcony door.Lily,the occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Jones would not be liable for the injury to Lily,because she was bitten as a result of her own carelessness.

Question 10

Able entered a small restaurant and sat on a stool at the lunch counter.Baker entered the restaurant a few moments later,and sat down at the lunch counter next to Able.For no apparent reason,Able suddenly struck Baker on the side of the head with his fist,knocking Baker to the floor.Baker raised himself from the floor,then seized Able,and tossed him through the large glass window at the front of the restaurant.Able was seriously injured,and hospitalized as a result of the incident.
Able would be liable for his assault on Baker.

Question 11

Able entered a small restaurant and sat on a stool at the lunch counter.Baker entered the restaurant a few moments later,and sat down at the lunch counter next to Able.For no apparent reason,Able suddenly struck Baker on the side of the head with his fist,knocking Baker to the floor.Baker raised himself from the floor,then seized Able,and tossed him through the large glass window at the front of the restaurant.Able was seriously injured,and hospitalized as a result of the incident.
Baker would not be liable for the injury to Able,because he had acted in self-defence.

Question 12

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish."
Unless it was true that Brown was an "idiot," Smith made a defamatory statement that slandered Brown's reputation.

Question 13

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
Wes would be liable for the injury suffered by Maya when Maya slipped on the sidewalk in front of his shop,because he should have foreseen the possibility of injury to customers when he failed to remove the ice.

Question 14

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
If Maya took legal action against Wes,Wes might plead volenti non fit injuria as a defence.

Question 15

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish."
Statements made at a social club meeting are subject to qualified privilege.

Question 16

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish."
Injury to one's reputation by a false statement,where the statement is not subject to privilege,is a tort.

Question 17

On a cold winter day,Maya slipped on the icy sidewalk at the entrance to Wes's shop.Maya injured her ankle as a result of the fall,and Wes hired a taxi to take Maya to the hospital to have her injured ankle examined.On the way to the hospital another vehicle collided with the taxi,and Maya was seriously injured.
Wes is liable for the injury to Maya as a result of the car accident,because she would not have been travelling in the taxi if she had not injured her ankle at Wes's store.

Question 18

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish."
Defamatory statements made at social club meeting are generally considered to be less serious than defamatory statements published in a newspaper or magazine.

Question 19

At a social club meeting that was held to discuss an environmental problem in a community,Brown made a speech in favour of a particular course of action that he thought the club should follow.Smith,who did not like the suggestions made by Brown,also made a short speech in which he called Brown an "idiot," and his suggestions "rubbish."
Statements made at a social club meeting are subject to absolute privilege.

Question 20

Able entered a small restaurant and sat on a stool at the lunch counter.Baker entered the restaurant a few moments later,and sat down at the lunch counter next to Able.For no apparent reason,Able suddenly struck Baker on the side of the head with his fist,knocking Baker to the floor.Baker raised himself from the floor,then seized Able,and tossed him through the large glass window at the front of the restaurant.Able was seriously injured,and hospitalized as a result of the incident.
Able would be liable for his battery of Baker.

Question 21

Ms White,an opera singer,consulted with Dr.Brown,an ear-nose-and-throat specialist about polyps in her throat.Dr.Brown recommended an operation,and,when questioned by Ms White as to whether it could affect her voice,told her that he would not do the operation if there was such a risk.In fact,there was one chance in a thousand that she could lose her voice,but Dr.Brown did not tell her because he felt she would overreact,and the polyps,if left,might later lead to serious problems.Dr.Brown performed the operation without negligence.Ms.White lost her voice.Ms White can sue Dr.Brown for battery.

Question 22

At an all-candidates meeting prior to the election,Jones accused the incumbent,Wilson,of having used her office to improperly improve her financial position.This was later proven to be true.Wilson argued that her reputation had been seriously damaged,and sued Jones for slander.Wilson will lose.

Question 23

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
Rebecca may be successful in a legal action against Sara,since it was Sara who gave her the chocolate bar.

Question 24

Jones captured a large rattlesnake while on a camping trip,and brought it home to his apartment in the city.He kept the snake in a glass aquarium that he had covered with a wire screen.One day,after feeding the snake,he accidentally failed to fasten down the screen cover,and the snake escaped from the aquarium.The snake managed to enter the adjoining apartment by way of an open balcony door.Lily,the occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Jones would probably be strictly liable for any injury caused by the snake,since he should have foreseen the danger associated with keeping a poisonous snake in confinement.

Question 25

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
Rebecca was careless in eating the chocolate bar,and therefore was responsible for her own injury.

Question 26

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
The manufacturer is vicariously liable for the negligence of its employees in the making of the chocolate bar.

Question 27

Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith drained the pool in order to have some repair work done,and accidentally left the gate closed but unlocked.A four-year-old child who lived near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
The child's parents would be entirely at fault for allowing the child to enter Smith's property without supervision.

Question 28

Brown drove his vehicle into a parking lot,and in doing so,collided with the side of a parked vehicle owned by Green.
Brown has a duty not to damage the vehicle owned by Green.

Question 29

Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith drained the pool in order to have some repair work done,and accidentally left the gate closed but unlocked.A four-year-old child who lived near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
Smith is liable for the injury to the child,because he failed to erect a fence that would prevent the child from entering the pool area.

Question 30

Jones captured a large rattlesnake while on a camping trip,and brought it home to his apartment in the city.He kept the snake in a glass aquarium that he had covered with a wire screen.One day,after feeding the snake,he accidentally failed to fasten down the screen cover,and the snake escaped from the aquarium.The snake managed to enter the adjoining apartment by way of an open balcony door.Lily,the occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Lilywas careless in leaving her balcony door open and,therefore,Jones would not be liable for her injury.

Question 31

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
Rebecca may be successful in a legal action against the manufacturer of the chocolate bar,because the manufacturer was careless in making the bar.

Question 32

On the way to work on the bus one morning,Martin was worrying about a personal problem and failed to notice that the bus was pulling into a stop.Since he had not braced himself,he fell against Victor,injuring Victor's eye with his briefcase.Martin has committed the tort of battery.

Question 33

Jones captured a large rattlesnake while on a camping trip,and brought it home to his apartment in the city.He kept the snake in a glass aquarium that he had covered with a wire screen.One day,after feeding the snake,he accidentally failed to fasten down the screen cover,and the snake escaped from the aquarium.The snake managed to enter the adjoining apartment by way of an open balcony door.Lily,the occupant of the adjoining apartment was bitten and seriously injured when she accidentally stepped on the snake.
Historically,the courts have imposed strict liability for loss on persons who keep dangerous things on their property.The rattlesnake would probably be classed in such a way by the court.

Question 34

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
The only person liable for Rebecca's injury would be the employee of the manufacturer who made the chocolate bar.

Question 35

Brown drove his vehicle into a parking lot,and in doing so,collided with the side of a parked vehicle owned by Green.
Because a vehicle is a dangerous object,Brown is strictly liable for any damage caused by his vehicle.

Question 36

Brown drove his vehicle into a parking lot,and in doing so,collided with the side of a parked vehicle owned by Green.
Brown would be liable for the damage to Green's vehicle if Brown was negligent in the operation of his vehicle.

Question 37

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
The manufacturer of the chocolate bar has strict liability,if the product it manufactures causes injury.

Question 38

Sara and Rebecca entered a variety store owned by Charles.Sara purchased two chocolate bars from Charles,and gave one to Rebecca.Unknown to Sara,Rebecca,or Charles the chocolate bar that Sara gave to Rebecca contained a piece of metal that had fallen into the mixture when the chocolate bar was made.When Rebecca attempted to eat the chocolate,she damaged one of her teeth.She was obliged to have the tooth repaired by a dentist,and in addition,lost a day's work because of the painful injury to her mouth.Her total loss amounted to $300.00.
Sara may be successful in a legal action against Charles,since Charles sold the chocolate bar.

Question 39

Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith drained the pool in order to have some repair work done,and accidentally left the gate closed but unlocked.A four-year-old child who lived near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
Smith has no liability for any injury to the child because the child was a trespasser.

Question 40

Smith had a swimming pool in the rear yard of his suburban home.The pool was enclosed on all sides by a four-foot-high wire fence,and entry to the pool area was by a gate that Smith occasionally locked.One day Smith drained the pool in order to have some repair work done,and accidentally left the gate closed but unlocked.A four-year-old child who lived near door to Smith entered the pool area by climbing over the fence,and was injured when he fell into the empty pool.
Smith is liable for the injury to the child,because he had not warned his neighbours that the pool had been drained of water.

Question 41

Bob owns a small carpet company.After a dispute,his best salesman left the company and was hired by a competitor.A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman,who told the client that he had received a product of inferior quality.The former employee also told the client that Bob does this frequently.He has committed a slanderous act that is an intentional tort.

Question 42

Mr.Jones is tired of people trespassing on his private beach and ignoring the signs that tell them to keep out.He plants broken glass in the sand just inside the line of his property and several adult trespassers are injured.Since Mr.Jones failed to treat them with common humanity,and acted with reckless disregard of their presence on his property,he will be liable to them for the injury caused by the broken glass.

Question 43

The Sampson Hair Products company is sued by a user who contracted a painful rash from using its shampoo.If Sampson manufactured the product in the same way and to the same standard as a reasonable shampoo manufacturer,and the rash was simply the result of an unusual allergy,Sampson will not be held liable.

Question 44

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself."
The entrepreneur is precluded from seeking damages from the cartoonist because cartoons are exempt from defamation laws.

Question 45

A highly corrosive liquid that is stored on the property of Acme Waste Disposal leaks from its container and seeps into the foundations of the business next door,badly damaging the building.Acme will be liable only if the injured party can prove Acme was negligent.

Question 46

Zelda was enraged when another driver cut her off,so she deliberately rammed his car.This was a crime but not a tort.

Question 47

Alfie intends to sue Petula for negligence.As a general rule,absent any unusual circumstances,Alfie will not win unless he can prove to the court that it is more likely than not that what he alleges about Petula's actions is true.

Question 48

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself."
The newspaper could successfully defend any action taken by the entrepreneur by invoking fair comment.

Question 49

Bob owns a small carpet company.After a dispute,his best salesman left the company and was hired by a competitor.A client who recently had carpet installed by Bob's company has initiated legal action on the basis of a statement made to him by the former salesman,who told the client that he had received a product of inferior quality.The former employee made the statement in good faith.The former employee has committed a slanderous act that is an intentional tort.

Question 50

Teresa is suing the Driver Trucking Co.because she was injured when one of its trucks negligently crashed into the bus shelter in which she was standing.Since Driver Trucking can do nothing to protect itself from its driver's negligence,it is unfair to hold the company liable for its employees' actions.

Question 51

Arthur owns a boarded-up house.Kids sometimes break in and play there,and he often has to yell at them to frighten them away.He has posted "No Trespassing" signs.He will not be liable if any of the children are injured on his property.

Question 52

Martha,a hairdresser,applied too much peroxide to Meagan's hair when she was colouring it,causing it to break off at the roots.Meagan must show that Martha had the necessary mental element for this tort.

Question 53

Dave was injured in a hang-gliding accident at a hang-gliding school,and would like to sue the owners of the school.Before they would allow him to take classes,the owners of the school had Dave sign a document that said that the school would not be responsible,legally or physically,for Dave's safety.This kind of document is called a release.

Question 54

Winston regularly takes a shortcut across his neighbour's backyard to shorten his walk home.His wife informed him that she had been told by their neighbour that he does not like Winston taking that shortcut,but Winston says "I'm not doing any damage.There's nothing he can do about it." Winston is wrong.

Question 55

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself."
The entrepreneur is precluded from seeking damages from the publisher of the newspaper because cartoons are exempt from defamation laws.

Question 56

Dave and Ray are teammates on their city's rugby team.Ray was injured early in the season and is unable to play for the remainder of the year.Dave forgot his mouthguard on the day of a game and borrowed Ray's mouthguard,which,although it was medically formed for Ray's mouth,fit Dave fairly well.During a game Dave received a high tackle and lost several of his teeth.His attempt to sue Ray as well as the mouthguard manufacturer will be successful actions.

Question 57

Annie was furious because the new car she bought kept breaking down and the dealer would only repair it according to their contract,and not replace it.Annie made a huge yellow lemon-shaped sign,and walked up and down outside the dealership.The sign said "This is what they really sell here." The dealer could sue her in tort and win.

Question 58

Andrew,a lawyer,failed to do a proper title search of a property that resulted in his clients' actually owning only two-thirds of the property that they thought they had bought.Andrew will be held to the standard of care expected of the reasonable lawyer.

Question 59

James and Mary are artists who have a studio in an industrial part of the city.They decide to live in the studio,which is not against local zoning by-laws,but find themselves disturbed at night by the noise and light from a nearby railway marshalling yard.They decide to institute a nuisance suit against the railway since their enjoyment of their property has been seriously affected.They will be unsuccessful.

Question 60

Jason,a department store detective,saw Andrew slip some merchandise into his pocket.Jason followed him out of the store,and stopped Andrew without touching him.Jason then quietly and politely asked Andrew to accompany him to the security office.Andrew agreed,but when his pockets were searched,nothing was found.Andrew can successfully sue the department store for false imprisonment.

Question 61

As you exit a shopping mall you accidentally run into another person and knock her down.As she leaps to her feet you begin to exchange words that escalate and you find yourself in a physical struggle with the other person.After receiving several blows from her,you retaliate by striking her on the head with your umbrella,knocking her unconscious and producing a large gash on her head.Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them.Write a short decision on this case based on your knowledge and definition of the principles.

Question 62

Dennis is the owner of a successful real estate company.His agents are provided with vehicles so they can complete deals more efficiently.One of Dennis' employees takes poor care of his car and frequently produces mechanics' bills for repairs.The last bill stated that the car was no longer mechanically safe for the road.The employee,when confronted by Dennis with the threat of legal action if he did not repay the excessive maintenance costs for the car,was uncooperative.Shortly thereafter the car,occupied by the employee driver and a prospective buyer,skidded out of control,seriously injuring the client and destroying the vehicle.With Dennis facing legal action by the client,the employee showed no remorse,refused to compensate for any damages and again dismissed Dennis's threats of legal action.

A)The employee is liable in negligence because of the poor standard of care he exhibited in maintaining the car.
B)Because Dennis is the owner of the car and the employer,he must assume responsibility for the damages.
C)Both parties may be liable because there was mutual responsibility for the car and vicarious liability of the employer.
D)Both a and c.
E)None of these.

Question 63

An engineer made a serious design error when designing a bridge.The bridge collapsed and a pedestrian who was crossing the bridge at the time was seriously injured.The pedestrian will be successful in a suit against the engineer in negligence if the engineer failed to meet the standard of the reasonable person when he designed the bridge.

Question 64

A defendant can receive damages as a result of a tortious act even though he or she may not have experienced any monetary loss.

Question 65

You run a large and lucrative bar and restaurant,and you have just hired a new bouncer.You have explained to him that it is always best to be friendly and to calm angry patrons.Describe to him how far he can go to protect himself if attacked,and why he must learn to control himself when provoked.Explain also how his behaviour,if he assaults a patron,could affect you.

Question 66

Terri was injured by an exploding pop bottle.She lost time from work,for which she was not paid,and had to undergo several painful operations.Her right eye was badly damaged and she will loss the sight in it over the next few years.If she wins her case against the manufacturer of the pop bottle,she will be entitled to i)an injunction.
ii.nominal damages.
iii.punitive damages.
iv.special damages.
v.general damages.

A)All of these.
B)i,ii,iv,and v.
C)iii and iv.
D)iii and v.
E)iv and v.

Question 67

While at a baseball game one afternoon,Jack bought Mack a hot dog.When Mack bit into the hot dog he broke his tooth on a nail in it. i)Jack cannot sue the hot dog vendor for breach of contract.
ii.Mack can sue the hot dog vendor for breach of contract.
iii.Jack can sue the hot dog manufacturer under the tort of manufacturer's liability.
iv.Mack can sue the hot dog manufacturer under the tort of manufacturer's liability.
v.The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Mack.
vi.Jack can sue for his emotional distress caused by the sight of blood coming from Mack's mouth.

A)i and iv.
B)i,iv,and vi.
C)i and ii.
D)ii and iii.
E)ii,iii,v,and vi.

Question 68

Jacqui and Penny decided to go into partnership in a small baseball equipment manufacturing firm.Jacqui raised $250,000 in start-up funds,in large part on the basis of documents that she forged.These documents purported to show that Jacqui and Penny owned their factory,when in fact they merely leased it.Jacqui spent all of the money on herself,and she now has no assets and has been jailed for 10 years.The creditors have contacted Penny and told her they will hold her liable for the loss.

A)Since she was unaware of Jacqui's fraudulent actions,Penny cannot be successfully sued by the creditors.
B)Since Penny is Jacqui's partner,she is vicariously liable for this fraud.
C)Penny is both civilly and criminally liable for Jacqui's behaviour.
D)Since they should have verified independently everything that they were told by Jacqui,the creditors must bear their own losses.
E)Penny can successfully argue volenti non fit injuria in her own defence.

Question 69

Kevin saw the accident referred to in Question 63.He told Charles that he would testify that Francine had been over the white line and had backed up into Charles-if Charles paid him $200.Charles agreed.The police can prove Kevin is lying.

A)Francine can successfully sue Kevin for slander.
B)Francine can successfully sue Kevin for slander and will be awarded punitive damages.
C)Francine will lose a slander suit because Kevin can raise the defence of absolute privilege,although Kevin can be charged with the crime of perjury.
D)Francine will lose a slander suit because Kevin can raise the defence of qualified privilege,although Kevin can be charged with the crime of perjury.
E)If Kevin had lied only out of friendship,rather than for money,he cannot be sued by Francine nor charged by the police.

Question 70

At a meeting of a local business club,someone voiced the opinion that the law interferes in business matters too much,and we would all be better off without it.A discussion begins.Describe,with examples,what you would say to show that the legal limitations on the freedom of business people to operate act to protect the honest business person.

Question 71

While driving,Charles rear-ended Francine's car at a stop sign.

A)Charles can be charged by the police with an offence under the road traffic laws.
B)Francine can sue Charles in tort for the damage done to her car.
C)Francine can sue Charles successfully in tort only if he is convicted of a road traffic offence.
D)a and b.
E)a or b,but not both.

Question 72

Claire required a reference for a new job.She asked for a letter from her former employer,Alice.Alice wrote that Claire was honest,hard working,intelligent,and pleasant,and would do best in a job with considerable direction and supervision.Since Claire had applied for work in outside sales,she was turned down as the job needed an independent self-starter.Claire sued Alice for libel.

A)Alice can successfully argue that she had written the letter in good faith and said only what she honestly believed to be true.
B)Even if what Alice said was true,Claire will win since,if she was not willing to write only positive things,Alice should have declined to write at all.
C)Alice can successfully raise the defence of absolute privilege.
D)Unless Alice can prove the truth of what she wrote,Claire will win.
E)Alice's freedom of speech must be protected even at the expense of Claire's right to protect her reputation so,even if Alice was not being totally truthful,Claire will lose.

Question 73

Doug owns a large plot of land on which he plants pear trees.These pears are his sole income and have earned him a reputation as a premier grower.His neighbour owns two horses that constantly break through the fence separating the two properties and maraud Doug's pear trees,costing him lost profits,decreasing production,and causing general damage to the orchard.Doug would have valid grounds for a claim of nuisance.

Question 74

An accounting firm made serious errors in providing audited financial statement to ABC Limited.These statements are used by management,shareholders,and potential shareholders.

A)Potential shareholders who relied on these statements may succeed in suing the accounting firm in contract.
B)Potential shareholders who relied on these statements may succeed in suing the accounting firm in negligence if the accounting firm has not acted according to the reasonable-person standard.
C)Potential shareholders who relied on these statements may succeed in suing the accounting firm in negligence if the accounting firm has not acted according to the standard set for accounting firms.
D)ABC Limited cannot sue the accounting firm in contract because ABC should have examined the statements itself.
E)None of these.

Question 75

As a result of an explosion while plugging the Wonder "C" Model widget into an electrical socket,Tina was left in a coma for nine years.When she regained consciousness,she wished to bring legal action against the manufacturer,ACME Widget Co. ,for her injuries.She did not remember much about the events that surrounded the explosion.While doing some research for her case she discovered that there had been an electrical storm on the evening she was using the Wonder "C" when it exploded.Which of the following legal principles would the manufacturer of the widget not be entitled to use?

A)statute of limitations
B)waiver
C)contributory negligence
D)act of God
E)voluntary assumption of risk

Question 76

Miss Haversham,a guest at a wedding catered by Giardia's Fine Foods,became violently ill,as did several other guests.It was later found that only those who ate the crab salad appetizer became ill.If Miss Haversham were to sue for negligence,she would normally have to prove

A)that Giardia's was strictly liable for her injuries
B)that Giardia's failure to live up to the duty of care that it owed to her led directly to her injuries.
C)that Giardia's had a duty of care,which it failed by its actions,to serve her food that was fit to eat.
D)Both b and c.
E)Both b and c and another element not mentioned above.

Question 77

Richard drank all the beer at home one evening.Knowing he was not in a fit state to drive,he decided to walk down the highway to the beer store for more.In order not to get lost,he followed the centre line on the road.Milton,who was driving too fast and had his headlights on low beam hit Richard from behind,and seriously injured him.

A)Richard clearly voluntarily assumed the risk of injury by walking on the highway,and Milton is not liable.
B)Richard waived any right to sue by voluntarily getting drunk.
C)If Milton had the last clear chance to avoid the accident,he will be liable unless he can prove that Richard was the only one with the last opportunity to avoid the accident.
D)By getting drunk and walking on the highway,Richard was negligent and will have to bear all of the losses caused by his own negligence.
E)By getting drunk and walking on the highway,Richard was negligent and will have to bear part of the losses caused by his own negligence.

Question 78

A lawyer has been sued by a client for breach of contact because she failed to give proper advice.The client will be successful if the lawyer has not performed the legal services at the standard of a reasonable person.

Question 79

Jean and Donald hired a lawn-care company to come to their house and spray for dandelions that had overtaken their lawn.When the spraying was completed the chemical had not only killed the dandelions but also destroyed the grass to an irreversible state.When the company investigated,it found that the acid content of the soil had caused the reaction.The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation.Jean and Donald are contemplating legal action.

A)The company,having full knowledge of potential reactions,proceeded without exercising the proper standard of care,making it liable for the damages.
B)The manufacturer is liable because the potential reaction was not compensated for in the chemical formula even though the product's label bears a suitable warning.
C)The company and the manufacturer both acted reasonably and therefore have no legal liability.
D)The company may seek compensation from the manufacturer for a defective product.
E)All of these.

Question 80

Dan had been notified by his landlord,Kevin,that he was being evicted and was to vacate the premises within one month's time.Dan ignored all of Kevin's subsequent notices of the deadline,refused Kevin's help in moving,and caused many confrontations on the issue that almost escalated to physical altercations.After the deadline passed,Dan's belongings were still in the apartment but Dan was nowhere to be found.Kevin put on a new lock,moved Dan's things to the apartment storage units,and left a note on the door explaining the arrangement,and requesting Dan to come and talk to him about the situation.The next day,Kevin found the lock smashed and the apartment severely damaged.As well,Dan's possessions had been removed from the storage.

A)Dan is liable for trespass and punitive damages as a result of his trespass.
B)Dan is not liable for trespass because he was under the impression that the furniture from the apartment was being held from him by the landlord.
C)Dan is liable for trespass because the change of locks and notice provided him with proper knowledge that he was not to use the apartment.
D)Both a and c.
E)Both b and c.