Deck 4: Intentional Torts

Question 1

An exotic dancer, Jasmine, jumped from the stage onto the lap of a patron. The chair broke, and in the fall, a disc in the plaintiff's back was broken. Jasmine maintained that she would jump on the lap of a patron only if he indicated he wanted her to do so and offered a tip. Which of the following is incorrect with respect to the legal position of the parties?

A) The patron would sue not only Jasmine for negligence but the employer as well for vicarious liability.
B) Jasmine's best defence would be that the patron voluntarily assumed the risk.
C) The patron would bring an action relying on the Occupiers' Liability Act.
D) Jasmine owes a duty of care to patrons, as they are foreseeable victims.
E) The employer would not be liable since Jasmine was on a "frolic of her own."

Answer 1

E

Question 2

Ms. Reed attended the zoning offices of the city. She explained to the chief zoning officer, Mr. Shore, that she was interested in a piece of property, but only if it were zoned "multiple family dwelling." Mr. Shore checked the property himself and assured her it was zoned "multiple family dwelling," but he had not checked the new regulations properly. Relying on his statement, Reed invested $300 000 in the purchase and the development of the property. When the apartment building was half finished, she was informed by the city that her building was unacceptable because the property was zoned "duplex." Upon hearing this news, she rushed to the city zoning offices and approached Mr. Shore, started yelling, and threw her briefcase at him. He ducked; she missed. When she persisted in yelling, he threw some cold water in her face. On these facts, which of the following is true?

A) Reed could successfully sue the city for negligence.
B) Shore could successfully sue Reed for assault.
C) Reed could successfully sue Shore for assault and battery.
D) Reed could successfully sue Shore for defamation.
E) Reed could not sue Shore for saying the property was zoned "multiple family dwelling" because he did not intend to make the error; it was just a mistake.

Answer 2

B

Question 3

With regard to the law of tort, which of the following is false?

A) If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer that portion of the loss and will not be compensated for it by the defendant.
B) A negligent person causing physical injury to another is responsible to the full extent of the injury suffered, even though the injured person suffered more than would reasonably be expected because of a special weakness.
C) Although a signed consent form appears to be a defence to a claim of battery, the court will look to see if it was informed consent, that is, if the person was told all the relevant facts that would allow a reasonable person to make a decision.
D) An act must be intentional to be classified as a tort.
E) Although a person was not careless and intended no harm, he could still be sued successfully by someone harmed by a dangerous substance that escaped from his property.

Answer 3

D

Question 4

Which of the following incidents describes the legal meaning of the tort of assault (without battery)?

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

Question 5

When a court hears a breach of contract dispute, its job is to

A) protect the state.
B) reward the defendant.
C) compensate the victim of the breach.
D) punish the offender.
E) help the plaintiff.

Question 6

Mrs. Kahn arranged a trip to Europe for herself and her two children. Her husband couldn't go. She spent hours with the travel agent, Mr. Tobin, deciding on the vacation package. She asked him and wrote a note asking again what documents, shots, etc., would be needed for the trip. Tobin said and wrote that all they would need would be their passports. Tobin forgot to tell her that a new regulation required a note from the father allowing the children to leave Canada, although he had received a memo in red warning him to alert travellers of the new regulation. When Mrs. Kahn and the children reached Toronto to embark on a plane for London, they were stopped because she did not have the required note from Mr. Kahn. They lost their reservations for both the plane and the tour with no refund. On these facts, which of the following is true?

A) There could be a civil action against Mr. Tobin and against his employer, although the employer did no wrong.
B) Libel is the only tort available for persons injured by another's words.
C) A travel agent owes no duty of care to his customers.
D) There is no possibility of suing Mr. Tobin because he had no intention of hurting anyone; his oversight was just an accident.
E) Mr. Tobin could sue for false imprisonment.

Question 7

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

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

Question 8

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade paper of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would not be successful based on these facts.

A) An action for the tort of defamation
B) An action against Computerheaven Ltd.
C) An action for the tort of nuisance
D) An action for the tort of deceit
E) An action for the tort of battery

Question 9

Which of the following is an intentional tort?

A) Defamation
B) Frustration
C) Breach of contract
D) Negligence
E) Duress and undue influence.

Question 10

Read the following and indicate the true statement.

A) If a person suffers a loss because a salesman knowingly made a false statement that he knew the other would rely on to his detriment, the cause of action could be defamation.
B) If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be negligence.
C) If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be breach of contract.
D) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.
E) If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence.

Question 11

Although nothing at all had been stolen, the store detective thought Al and Ed had stolen some records. After they exited from the store, the detective said to both of them, "Hold it! You'll have to wait right here for the police; you'll be charged with theft!" While Ed stopped and protested, Al just hurried off and drove away. Ed felt compelled to submit to the detective. After some time the police finally arrived. It was only then that the detective realized that no crime had been committed. Ed was released. On these facts, which of the following is true?

A) Both Al and Ed could sue for the tort of false imprisonment because there had been no crime committed.
B) Both Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.
C) Both Al and Ed could sue for assault and battery.
D) Neither Al nor Ed could sue because neither was confined in a closed space.
E) Only Ed has a cause of action for false imprisonment (i.e., a legal right to sue).

Question 12

Which of the following is false with respect to the law of tort?

A) With assault and battery, a person can successfully sue without having to prove damages.
B) A customer battered by an employee on the job can sue only the employee, not the employer, because it was the employee who did the wrong.
C) For consent to be an effective legal defence to a claim of battery, the person consenting must have been given sufficient information to make a rational decision.
D) A negligent person causing physical injury to another is responsible to the full extent of the injury suffered even though the injured person suffered more than would reasonably be expected because of a special weakness.
E) A person may not succeed with the defence of self-defence if he used excessive force.

Question 13

Bubba, an angry, foul-mouthed fan, yelled insults at Rob, a professional athlete, as Rob was leaving the field. The fan suddenly rushed toward Rob, and although Rob tried to defend himself by throwing his gym bag at Bubba, Bubba hit him above the eye, causing a serious cut requiring stitches. Bubba was arrested, convicted, and sentenced in a criminal action for his attack. Rob, a starting player, missed ten games because of the injury. On these facts, which of the following is true?

A) If Bubba sued Rob for hitting him with the gym bag, Rob would most likely argue that it was justified on the basis of self-defence.
B) The attack by Bubba shows the elements of the torts of assault and battery: the assault was the hit; the battery was the sudden rush towards Rob.
C) Rob could succeed in an action against Bubba for the tort of nuisance.
D) Although Rob suffered damages because of the attack, he could not sue Bubba in a civil action because a criminal action had been taken and the same incident cannot result in both types of proceedings.
E) The insults yelled at Rob would in themselves, give Rob the right to hit Bubba with his gym bag.

Question 14

Clark was at Computerheaven Ltd. and asked for a box of the highest grade computer paper. Don, the employee, went to the back to get it, but he didn't know which was the best grade paper of the five choices available. He took out a box of paper called "superstuff" and told Clark that was the highest grade paper, even though he wasn't sure it was. Clark bought it. On the way out, Clark, a successful freelance computer programmer for the last five years, asked Don some questions about a new laser printer on display. Don started giving Clark his sales pitch, and Clark said with a smile, "I don't think you know what you're talking about." Don flushed and yelled, "You go to %^&%. You call yourself a programmer and you don't know anything about programming. You're a first class fraud!" A client of Clark's overheard this conversation. Clark called Don a "jerk" and left to go. As he was walking out the door, Don threw a hard disk at him and hit Clark in the back of the head. Considering the legal meaning of the following, indicate which of the following would be successful based on these facts.

A) An action for the tort of nuisance
B) An action against Computerheaven Ltd. for the tort of battery
C) An action against Computerheaven Ltd. for the tort of trespass.
D) An action against Computerheaven Ltd for the tort of defamation.
E) An action against Clark for the tort of negligence.

Question 15

Which of the following actions would result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

A) A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came.
B) When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit.
C) Ed became sick from consuming too much alcohol that he had purchased from the store.
D) An accountant accurately prepared the financial statements of a corporation that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10 000 and lost it all.
E) Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver.

Question 16

Mr. and Mrs. Hampton went to a restaurant and ordered roast duck dinner for two. When they began their dinners, they found that the duck was frozen in the middle. They ate what they could of the dinner but complained to the waiter. The waiter listened but merely gave them the bill for the entire cost of the dinner. Mr. Hampton put half of that amount on the table and began to leave. The waiter and the manager caught up to him before he reached the front door, and although they allowed Mrs. Hampton to leave, they restrained Mr. Hampton. Furthermore, the manager called the police, who, after listening to the waiter and Mr. Hampton explain just what happened, arrested Hampton and took him to jail. Mrs. Hampton bailed him out within three hours. On these facts, which one of the following is true?

A) Mr. Hampton could not sue the police who arrested him.
B) Mr. Hampton could sue the waiter and the employer for the tort of false imprisonment.
C) Mr. Hampton could also sue for defamation.
D) The Hamptons could sue the employer of the waiter for the tort of nuisance.
E) Mr. Hampton could sue only the waiter.

Question 17

A person could be liable for the tort of trespass

A) for leaving packages in the wrong person's garage.
B) for accidentally knocking down the garage in a car out of control.
C) for sleeping in the garage with the owner's permission.
D) for leaving the wrong packages in the right person's garage.
E) for attending the "garage sale" at the designated time.

Question 18

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

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

Question 19

In January, a driver accidentally caused a snowplough to go off the road, crash into a house, and enter the livingroom. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snowplough was charged with the crime of driving while impaired, and convicted, which of the following is true?

A) The owners of the house could not proceed in a civil action, because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action.
B) The owners of the house could also proceed in a civil action against the driver for the tort of negligence.
C) The owners of the house would have no civil action against the driver because no one was hurt.
D) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.
E) The owners of the house could also proceed in a civil action against the driver for the tort of nuisance.

Question 20

Which of the following is true with regard to the torts of assault and battery?

A) Both torts are "actionable per se"; that is, a person can successfully sue without having to prove damages.
B) A person will always succeed with the defence of self-defence even if he used excessive force.
C) Although assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered.
D) The amount of damages paid to Joe, injured by another's battery, will be an amount to cover the extent of injury suffered by a normal person regardless of Joe's actual injuries.
E) For consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.

Question 21

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

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

Question 22

In the case of Bahner v. Marwest Hotel Co., the Court held that Mr. Bahner

A) had not been imprisoned at all.
B) had been imprisoned, but only in a lawful manner.
C) had been falsely imprisoned, but only by the restaurant security guard who detained him without authority.
D) had been falsely imprisoned twice, once at the restaurant security guard and once by the police.
E) had been falsely imprisoned, but only by the police who arrested him in the absence of a criminal act.

Question 23

Which of the following actions would not result in a successful tort action by the person or persons wronged? Assume that all the persons involved learn these facts.

A) Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely alleged that the mayor of Vancouver took a bribe. The editor and ten others on staff read it but decided not to print it.
B) An accountant made an error in financial statements that he knew would be used by a potential investor, Mr. Lam. Lam, relying on the erroneous statements, invested $10,000 and lost it all.
C) A store detective stopped Joan after she left the shop because he saw her leave with candy she didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20 minutes until the police came.
D) When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed saw it coming and moved away in time to avoid being hit.
E) Ed became sick from contaminated juice bought by his mother.

Question 24

After the Leans began to use their new swimming pool, they found that they could not use it because of the smell coming from their neighbour's chicken coop. They knew of the chickens when they moved in but had no idea that the smell could be so overpowering, especially during the summer. Which of the following is true with regard to the legal position of the parties?

A) This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances.
B) There is nothing the Leans can do.
C) The Leans could sue for assault.
D) The Leans can sue for trespass.
E) The Leans would have to sue in nuisance if they hope to succeed.

Question 25

Read the following and indicate the false statement.

A) If a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation.
B) If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass.
C) If a person suffers a loss because a salesman knowingly made a false statement that he knew the other would rely on to his detriment, the cause of action could be deceit.
D) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.
E) If a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., the cause of action against John could be negligence, and World Wires Ltd. could be sued as well.

Question 26

Jed played hockey for his company's team. During the playoffs, three seconds after a play, he was deliberately hit in the back with a stick by Ed, a player on the opposing team. The hit broke Jed's rib. If Jed sued Ed, which of the following is true? (Keep in mind the technical, legal meanings of the words.)

A) The defendant's best defence would be provocation.
B) The plaintiff's most likely cause of action would be negligence.
C) The plaintiff's most likely cause of action would be malicious prosecution.
D) The defendant's best defence would be that the plaintiff consented to the hit.
E) The defendant's best defence would be qualified privilege.

Question 27

Which of the following statements regarding inducing breach of contract is false?

A) Inducing breach of contract can be committed when a customer is persuaded to breach its contract with a competing supplier.
B) Inducing breach of contract usually involves an employer persuading an employee of another business to leave that employment and work for him or her.
C) Inducing breach of contract requires establishing that there was a contract that was breached and that the person being sued knew about the contract and intentionally induced the breach.
D) Inducing breach of contract can be committed when a supplier is persuaded to abandon one customer in favour of another.
E) Inducing breach of contract occurs when one party has contractually agreed to perform certain obligations, and then fails to perform.

Question 28

The plaintiff, M, quit her job because her employee, Mr. C, made unwelcome sexual advances and her career was not advanced as promised. Subsequently, Mr. C, on his own initiative, called her past employer, her present employer, and an instructor at vocational school and said that M was a thief, a false statement. As a result of that call, M lost her new job. Which of the following is true?

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

Question 29

Which of the following actions would not result in a successful tort action by the person suing? Assume that all the persons involved learn these facts.

A) A waiter, then the police, detained a restaurant patron because he did not want to pay for wine that was brought to the table but was cloudy and undrinkable. The patron sued for false imprisonment.
B) An accountant made an error in financial statements that he knew would be given by his client to a potential investor, Mr. Lam. The investor, relying on the erroneous statements, invested $20,000 and lost it all. Mr. Lam sued the accountant.
C) When Jed accidentally dropped a board and broke Al's toe, Al threw a rock at Jed, but Jed saw it coming and moved in time to avoid being hit. Al sued; Jed counterclaimed.
D) Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he falsely stated that the mayor took a bribe. The editor and ten others on staff read it but decided not to print it. The mayor sued Mr. Meen.
E) Jayne was doing aerobic exercises. She looked up and saw the gas meter reader in the backyard. She sued him for trespass.

Question 30

After the McLeans filled their swimming pool, recently built in their backyard, swarms of bees came regularly for water. The bees stung everyone including the dog and made it impossible for the McLeans to enjoy the use of their pool. Unknown to the McLeans when they had the pool installed, their neighbour Springborn had bee hives on his property. On these facts, which of the following is true?

A) The McLeans have an action against Springborn for nonfeasance.
B) Springborn would successfully use the defence of absolute privilege.
C) The McLeans have an action against Springborn for nuisance and also under the Occupiers' Liability Act.
D) The McLeans have an action against Springborn under the Occupiers' Liability Act.
E) The McLeans have an action against Springborn for nuisance.

Question 31

In the Alberta Court of Queen's Bench decision in Costello v. Calgary (City), the Court held that a trespass occurs if

A) an authority takes possession of land pursuant to an expropriation that is subsequently determined to be invalid.
B) an authority enters onto land with the consent of the owner.
C) an authority takes possession of land without exercising good intentions.
D) an authority enters onto land pursuant to an intra vires legislative enactment.
E) an authority enters onto land pursuant to a court order.

Question 32

You and your friend recently bought a duplex. You rent out the downstairs and live in the upstairs suite. As the owner and occupier, you have acquired certain rights and responsibilities. Which of the following statements about the law relating to land is false?

A) Your tenants have a duty to take reasonable steps to make sure that any person is reasonably safe when in their suite.
B) You could sue for the tort of private nuisance if someone used his property in such a way that it interfered with your use and enjoyment of your property.
C) If you bring something onto your property that is inherently dangerous and it escapes causing damage to others, you will be liable even if you were very careful and did not intend to harm anyone.
D) If there were an accident out front and a car was knocked onto your yard, you could sue the driver in that car for trespass.
E) The use of your property is partly governed by the Occupiers' Liability Act.

Question 33

A person could be liable for the tort of trespass

A) if, in the middle of the night, he was carried onto the neighbour's property and thrown in their pool.
B) if he stood in the lane and threw a tire in the pool.
C) if he delivered a package to the owner at poolside as instructed by the owner.
D) if he swam in the pool with the owners' permission.
E) if he lost control of his bike and accidentally went onto his neighbour's property and into their pool.

Question 34

Businesses that deal directly with the public, especially in service industries, may find their employees becoming involved in altercations with customers in the course of their work. Such altercations

A) may be inconvenient, but do not expose the business to liability.
B) can result in actions against the business on the basis of vicarious liability.
C) should be ignored so as to avoid attracting liability.
D) can lead to employees being held liable, but will not impact the business itself.
E) are extremely rare and so are not worthy of concern.

Question 35

Internet defamation is addressed in the case of Crookes v. Wikimedia Foundation Ltd. According to this case, the mere creation of a hyperlink in a website

A) does not lead to a presumption that persons reading the content of the website will access the hyperlink to access defamatory words
B) can be defamatory because the hyperlink is generally believed.
C) can result in the Internet Service Provider being held liable for defamatory statements.
D) can be defamatory because the hyperlink is always true.
E) can be defamatory because the hyperlink is technically published.

Question 36

Which of the following actions constitutes an assault?

A) Pointing an unloaded gun at another who does not know whether or not the gun is loaded
B) Bumping into another in a crowded hallway
C) A car accident where you are hit by an impaired driver
D) A rude gesture from another motorist
E) A bystander struck by a ball during a baseball game

Question 37

In the case of WeGo Kayaking Ltd. v. Sewid.

A) malice defeated the defences of qualified privilege and fair comment.
B) there was no defamation because the people alleging defamation were dishonest.
C) Sevid successfully argued the defence of qualified privilege.
D) Sevid successfully argued the defence of fair comment.
E) there was no defamation because innuendo cannot be defamatory.

Question 38

In Carley v. Willow Park Golf Course Ltd., what did the Court find?

A) The presence of a driving range constituted negligence, as driving ranges are unreasonable.
B) The presence of a driving range constituted a private nuisance, but there is no remedy for a mere nuisance at law.
C) The presence of a driving range could not be considered a nuisance, only a minor annoyance, for which there is no remedy.
D) The presence of a driving range could not be considered in the context of tort law, as the owners did not intend to cause harm.
E) The presence of a driving range constituted a private nuisance and issued an injunction prohibiting golf balls going onto their property.

Question 39

Rob bet Joe $300 that the Chicago Bears would beat the San Francisco 49ers. The day after the Bears lost, Joe went to Rob's office. He created quite a scene. He got the $300 and yelled nasty remarks about the Bears team and coach. Rob was furious. He lied to the onlookers by saying that Joe passed himself off as an accountant but that he never passed the required exams and had forged the documents. Joe lost several clients because of Rob's false statements. On these facts, which of the following is true?

A) If Joe sues Rob for defamation, Rob would be able to use successfully the defence of qualified privilege.
B) Rob could successfully sue Joe for defamation because of the statements Joe made about the Bears team and coach.
C) Rob could sue Joe for nuisance.
D) Rob's statements about Joe were defamation by innuendo.
E) Joe could successfully sue Rob for defamation.

Question 40

Jim was assigned to a different workroom at the factory. During the day, he became increasingly upset with one of his new co-workers, Mr. Saur, who criticized everything he did. After several hours of this, Jim said, "I could do a little better in here if you kept your mouth shut." Saur answered, "You young @#$%%, you make me sick," and with that he intentionally knocked over a machine that would have hit Jim if he hadn't jumped out of the way. Jim picked up a paper cup of water and threw its contents at Saur, saying, "Cool down, old man." Some of the water hit Saur, who then ran over and hit Jim hard with a piece of pipe. Charlie, another worker, grabbed Jim by the hair and pulled him out of the room, away from Saur. On these facts, which of the following is true?

A) Jim could not sue Saur for assault because Jim was not hurt by the falling machinery.
B) If Saur sued Jim for battery, Jim could defend successfully on the ground of provocation.
C) If Jim sues Saur for battery, Saur could defend successfully on the ground of self defence.
D) Charlie could be sued successfully for battery even though he was acting in Jim's best interest.
E) If Jim sues Saur for battery, he will have to prove his case "beyond a reasonable doubt."

Question 41

Which of the following statements regarding privacy law is false?

A) E-commerce has resulted in increased abuse of personal information.
B) Legislation has been enacted at both the federal and provincial levels to control the collection, use, and distribution of personal information.
C) Several provinces have passed legislation creating a tort of invasion of privacy.
D) Self-regulation has proven most effective in the area of privacy law.
E) In common law, there is no tort of invasion of privacy.

Question 42

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, damages may be awarded for

A) inducing breach of contract.
B) injurious falsehood.
C) passing-off.
D) conversion.
E) deceit.

Question 43

Which of the following is true in respect of privacy law in Canada?

A) Privacy protection is found primarily in the common law.
B) The Personal Information Protection and Electronic Documents Act is designed primarily to regulate the government in its collection, use and disclosure of personal information.
C) Privacy laws are generally considered unnecessary because voluntary privacy protection has been so successful.
D) Organizations in the private sector are subject to legislated responsibilities with respect to the personal information they collect.
E) The power to enact privacy legislation has been exclusively granted to the federal government.

Question 44

In Braintech v. Kostiuk, the Court confirmed that in Internet disputes the action should be brought in a jurisdiction having

A) a technology-friendly court system.
B) stringent online security laws.
C) a civil or central code.
D) no limitations legislation.
E) a real and substantial connection to the case.

Question 45

Azar had been working for the Burger Baron for a number of years, most recently under Lai, the latest in a series of managers. Azar became ill and had to take repeated sick days, both to rest and to attend appointments with various specialists. It became impossible for Azar to continue working there, and Lai gave her notice of termination. While Azar was working out the last days of her notice period, Lai continued to harass her over and over again for her previous absences. Lai could face an action for

A) intentional infliction of mental suffering.
B) conspiracy to injure.
C) malicious prosecution.
D) negligence.
E) conversion.

Question 46

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife, to use in her restaurant. Which of the following is true?

A) Because Will did not misuse the information himself, no action will result.
B) Because Will only provided the information to his wife, the exchange is protected by spousal privilege.
C) Because a recipe cannot constitute confidential information, any action Zoe might bring would likely fail.
D) Zoe cannot sue her own lawyer.
E) Because Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence.

Question 47

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

A) malicious prosecution.
B) injurious falsehood.
C) deceit.
D) intimidation.
E) conversion.

Question 48

Malicious prosecution occurs when a person

A) initiates a criminal or quasi-criminal prosecution with malice and without reasonable grounds.
B) threatens or harasses a someone vulnerable.
C) takes advantage of a trust relationship.
D) maliciously sues a person who has acted carelessly and caused damage.
E) forces a businessperson do to something to harm their business.

Question 49

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on them. Why is this not a good idea?

A) Marco could face an action in conversion.
B) Marco could face an action in injurious falsehood.
C) Marco could be sued for passing-off.
D) Marco could be sued for trade slander.
E) Marco could be sued for a negligent misstatement.

Question 50

Intentionally appropriating the goods of another can give rise to an action in

A) product defamation.
B) conversion.
C) passing-off.
D) deceit.
E) trade slander.

Question 51

The tort of deceit involves

A) the intentional misappropriation of the property of another.
B) use of the criminal justice to improperly attack a competitor.
C) misleading the public as to the origin of a particular good.
D) the fraudulent and intentional misleading of another person, causing damage.
E) a negligent misstatement by a professional.

Question 52

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd. v. Traber involves a breach of confidentiality. What does this case illustrate?

A) A breach of confidence not only involves conveying that confidential information to someone else but can also include using it inappropriately for one's own purpose.
B) Using information obtained from someone else will always result in a legal action, regardless of the type of information or the manner in which the information was obtained.
C) Using confidential information is a good idea, as it can provide significant business and legal advantages.
D) Using confidential information is unethical, but cannot be the basis for a civil action.
E) A breach of confidence requires that confidential information be conveyed to someone else; using it inappropriately for one's own purpose is not sufficient.

Question 53

Interference with economic relations is actionable even where no breach of contract has taken place, but

A) the conduct complained of must have been unintentional, otherwise the action will not succeed.
B) the conduct complained of must not have result in actual harm, otherwise the action will not succeed.
C) there must be some instance of negligence associated with the complaint, such as a product liability claim.
D) no damages can be awarded in such an action.
E) there must be some other unlawful conduct associated with the complaint, such as bribery or defamation.

Question 54

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

A) Act for the Protection of Private Information.
B) Private Sector Privacy Act.
C) Code of Personal Information.
D) Privacy Act.
E) Personal Information Protection and Electronic Documents Act.

Question 55

Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of

A) conspiracy to injure.
B) deceit.
C) malicious prosecution.
D) intentional infliction of mental suffering.
E) conversion.

Question 56

In the case of Procor Ltd. v. U.S.W.A., what did the Court find?

A) While making unfounded accusations is poor business practice, only nominal damages can be awarded for such conduct.
B) A finding of malice could not be supported because it always requires an outright lie.
C) A proven false statement is sufficient to support a claim of injurious falsehood, as long as some damage has resulted.
D) The fact that the officials were wilfully blind to the truth was enough to establish malice.
E) While making unfounded accusations is unethical, it does not constitute tortious conduct.

Question 57

Invasion of a person's property may take the form of all of the following except

A) a physical intrusion.
B) misuse of an image or name.
C) detinue.
D) unauthorized access to information.
E) surveillance.

Question 58

Conversion takes place in all of the following instances except

A) a person steals goods belonging to another.
B) a person comes into possession of goods lawfully, but refuses to return them after a proper request.
C) a person acquires possession of goods through deceit and the goods are destroyed.
D) a person intentionally takes the goods of another person for her own purposes.
E) a person sells or wrongfully disposes of goods belonging to someone else.

Question 59

Which of the following statements is correct?

A) Product defamation involves the wrongful possession of someone else's goods.
B) Detinue occurs when some attacks the reputation of another's product or business.
C) Any direct intentional interference causing damage to the goods of another is a trespass to chattels.
D) Conversion involves someone inadvertently appropriating the goods of another.
E) Wrongful interference with goods is not actionable as a business tort.

Question 60

All of the following are examples of unfair competition except

A) intimidation to discourage someone from selling a product at a lower price.
B) intimidation to discourage someone from opening a business in a particular area.
C) one restaurant sending employees to the door of another to redirect customers to the first.
D) one business seeking confidential information from the employees of another.
E) one business intentionally lowering its prices to encourage customers to purchase its products.

Question 61

Once acquitted of a crime, a person cannot be sued in tort.

Question 62

A person will not succeed in an action for defamation unless the falsehood has been told to some third party.

Question 63

A person can be assaulted even when there is no physical contact.

Question 64

When a person throws a hammer at another and that person ducks, this is an example of an assault.

Question 65

The federal government's Personal Information Protection and Electronic Documents Act

A) gives people right of access to personal information held by the government and government agencies.
B) does not apply to personal information collected over the Internet.
C) applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.
D) provides suggested guidelines, but there is no sanction for violations.
E) create a general right to sue in tort for a violation of its provisions.
TRUE/FALSE. Write 'T' if the statement is true and 'F' if the statement is false.

Question 66

Some people have implied permission to be on your land.

Question 67

An act that breaches a contract is inherently wrong.

Question 68

Employee surveillance may violate privacy rights and, depending on how the information is obtained and used, may also violate human rights legislation.

Question 69

A person can be sued for trespass when they accidentally crash onto another person's property after losing control of their car.

Question 70

When an employee commits a tort in the process of his employment, the principle of vicarious liability states that the employer is liable, not the employee.

Question 71

The primary purpose of tort law is to punish wrongdoers.

Question 72

You cannot trespass in a public mall.

Question 73

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

Question 74

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

Question 75

A civil court can assess only compensation and not punitive damages.

Question 76

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Question 77

Health information is not specifically protected by legislation in any province.

Question 78

It is possible for wrongful conduct to be both a tort and a crime.

Question 79

A person could commit a trespass even without coming onto your land.

Question 80

A continuing trespass can be remedied by damages.