Deck 5: Miscellaneous Torts Affecting Business

Question 1

The tort of conspiracy always requires proof that the conspirators committed a crime.

Answer 1

False

Question 2

Connor and Sierra operated competing garages.Most of the work at Sierra's garage was performed by Vanessa, who was an excellent mechanic.One evening, Connor saw Vanessa at a bowling alley.He waited for the right moment and then deliberately dropped a bowling ball on her hand.Vanessa suffered a severe and permanent injury that will prevent her from working as a mechanic.Sierra wants to sue Connor for the unlawful means tort.To succeed in that action, Sierra must prove that

A)Connor's act was a crime.
B)Connor benefitted by taking away customers that Sierra no longer could serve as a result of Vanessa's injury.
C)Connor knew the details of Vanessa's employment contract with Sierra.
D)Connor intended to profit by stealing away Sierra's customers.
E)Connor intended to cause Sierra to suffer economic harm, he succeeded in that respect, and he may be held liable to Vanessa.

Answer 2

Connor intended to cause Sierra to suffer economic harm, he succeeded in that respect, and he may be held liable to Vanessa.

Question 3

Casey published an untrue, unfounded, and unfavourable statement about Acme Corp, but not about any of its employees.He nevertheless may be held liable if the statement would tend to make reasonable people have a lower opinion of the corporation.

Answer 3

True

Question 4

Because Katelyn has a disability, she receives daily care from her neighbour, Savannah.Savannah provides that care out of the goodness of her heart.She does not have an contract of any sort with Katelyn.Caleb held a grudge against Katelyn as a result of a business dispute.He wanted to find some way of hurting her.He therefore told Savannah that he would burn her house down if she continued to care for Katelyn.Caleb's plan backfired.Savannah told Katelyn of the threat, and together they reported Caleb to the police.He was convicted of a crime.Katelyn, however, also wants to sue him for the tort of intimidation.The claim in intimidation will fail because

A)Caleb cannot be subject to both criminal prosecution and tort liability for the same act.
B)the intimidation was unsuccessful in that Katelyn did not give into the threat
C)Caleb did not threaten Emily directly.
D)Caleb was motivated by a desire to hurt Emily, rather than by a desire to benefit himself.
E)Caleb cannot be sued for intimidation because he did not act on behalf of the government.

Question 5

Salvatore and Carolyn conducted lengthy negotiations that led to her purchase of his business.At the start of those negotiations, Salvatore made a number of statements regarding the business's profitability.Those statements were accurate when they were made.However, before the sale was finalized, the facts changed such that the earlier statements were no longer true.Salvatore knew of that change, but he intentionally did not provide Carolyn with the updated truthful information and allowed Carolyn to think that the previous, now untrue information, was the true information.Consequently, he may be held liable to her under the tort of deceit.

Question 6

Joel was injured while walking on Maureen's property.Under the statutory rules, it will generally be necessary for a court to determine Joel's precise status as a visitor before choosing the appropriate standard of care.

Question 7

The tort of intimidation always requires proof that the defendant used a threat to cause a third party to act in a way that hurt the plaintiff.

Question 8

Jessica was injured while trespassing on Zach's land.Under the modified common law rules for occupiers' liability, a court will use the standard of common humanity in determining whether or not Zach exercised sufficient care with respect to a Jessica.

Question 9

Juan entered into a contract with Makayla, under which he promised to add a solarium on to her house for $25 000.After starting the project, he threatened to abandon the job unless she agreed to pay him an additional $5000.Makayla did not agree to pay the additional $5000. Juan did not finish the work.Makayla wants to sue Juan for the tort of intimidation.Which of the following statements is TRUE?

A)That claim will probably fail because Makayla did not give into the intimidation. Makayla should sue for breach of contract.
B)If that claim is successful, Makayla will actually receive damages in both tort and contract.
C)That claim will probably fail because the tort of intimidation is recognized in England but not in Canada.
D)If that claim is successful, Makayla will probably receive an injunction that would force Juan to complete the job in exchange for the additional price.
E)The tort of intimidation has an unusually short limitation period.

Question 10

A person cannot be held liable for occupiers' liability unless he or she owned the premises upon which the plaintiff was injured.

Question 11

Sarah made several statements to John.Because he acted in reliance upon those statements, John suffered a loss.Assuming that the other elements of the tort are established, Sarah may be held liable for deceit as long as John proves that she carelessly failed to realize that her statements were false.

Question 12

Jerome worked for Kerasic Corp.He left that job, however, when he received the promise of better pay from Goldshlager Inc.Goldshlager may be liable to Kerasic as long as, among other things, Goldshlager should have known that Jerome had a contract of employment with Kerasic.

Question 13

Under the unlawful means tort, the plaintiff must prove, among other things, that the defendant committed a civilly actionable wrong against a third party.

Question 14

Mohana visited Ian's home.She was injured when his pet wolverine escaped from its cage and bit her while she sat in his kitchen.Under the traditional approach to the tort of Rylands v Fletcher, Ian may be held liable to Mohana.

Question 15

During recent proceedings, a member of Parliament stood in the House of Commons and made an outrageously defamatory statement about the prime minister.The prime minister will not be able to successfully sue for the tort of defamation because the statement in question is protected by the defence of absolute privilege.

Question 16

Alan had purchased all of his business supplies from Alpha Supplies Inc for almost two decades.He became angry with the company, however, after it refused to repair a widget that it had sold to him.Alan knew that the company was not legally obligated to do the repairs, but he believed that he should have received preferential treatment after so many years.He consequently switched all of his business to Omega Ltd.Alpha Supplies is devastated.It acknowledges that it did not have any contractual right to Alan's business, but it has proof that Alan knew that he accounted for nearly 75 percent of its sales and that his decision would force Alpha Supplies out of business.Now that it has indeed ceased to operate, Alpha Supplies wants to sue in tort.Which of the following statements is most likely to be TRUE?

A)Alan is liable for the tort of intimidation as long as Alpha Supplies proves that he wanted to cause harm.
B)Alan is liable for interference with contractual relations as long as Alpha Supplies reasonably expected that it would continue to receive his business.
C)Alan will not be held liable even if acted with the intention of driving Alpha Supplies out of business.
D)Omega Ltd is liable for the tort of interference with contractual relations as long as it knew that it was receiving business that Alan otherwise would have given to Alpha Supplies.
E)Alan and Omega Ltd are liable for the tort of conspiracy as long as they both knew that their actions would hurt Alpha Supplies.

Question 17

An action for the tort of nuisance can succeed only if the plaintiff and the defendant occupied neighbouring pieces of land.

Question 18

The defence of statutory authority applies only if a nuisance was the inevitable result of the defendant's performance of a statutorily authorized activity.

Question 19

Emily was involved in a business dispute with Jacob.During a private conversation with Jacob, Emily threatened to spread a rumour that he was having an affair with her unless he agreed to sign a certain document.She knew that that rumour was entirely untrue, but she also knew that Jacob was afraid of upsetting his wife, who is very jealous.On the basis of those facts alone, which of the following statements is TRUE?

A)Emily is liable to Jacob for the tort of nuisance.
B)Emily is liable to Jacob for the tort of interference with contractual relations.
C)Emily is liable to Jacob for the tort of defamation.
D)Emily is liable to Jacob for the tort of deceit.
E)Emily is not liable to Jacob.

Question 20

Suki used her property in a way that interfered with the ability of her neighbour, Dick, to enjoy his property.If that interference is sufficiently severe, Suki may be held liable even if her actions in interfering with her neighbour's ability to enjoy his property were not unreasonable.

Question 21

Winona has sued Ramon for the tort of Rylands v Fletcher.The court is most likely to impose liability if

A)Winona consented to the manner in which Ramon used his property.
B)Winona's injury was the inevitable result of the fact that Ramon performed a statutorily authorized activity.
C)Winona's injury was caused by a malicious act by a third party that Ramon could not have prevented.
D)Winona's injury was caused by a force of nature that Ramon could not have prevented.
E)Winona was injured even though Ramon used all reasonable care.

Question 22

Dylan committed the tort of deceit against Hilary.He tricked her into investing $5000 in his business.If his statement had been true, her investment would now be worth $8000.However, because his statement was untrue, her investment has fallen in value to $4000.How much will Hilary probably receive in compensatory damages?
A.$5000
B.$4000
C.$8000
D.$1000
E.$3000

Question 23

Which of the following statements is TRUE with respect to the tort of interference with contractual relations?

A)Liability will never be imposed unless the defendant was a party to the contract in question.
B)Liability will never be imposed unless the defendant intended to hurt the plaintiff.
C)Liability will never be imposed unless the defendant also committed a crime.
D)If the defendant is held liable for the tort, it will always be held liable for breach of contract as well.
E)Liability will never be imposed unless the defendant's actions actually caused a breach of contract.

Question 24

The Northwest Utility Co (NUC) received statutory permission from the government to lay electrical cables under residential properties.Ariana suffered severe injuries when she struck a buried cable while gardening.If Ariana sues for the tort of nuisance, NUC will be able to avoid liability on the basis of the defence of statutory authority

A)only if a nuisance was the inevitable result of performing the statutorily authorized activity.
B)as long as a nuisance was the probable result of performing the statutorily authorized activity.
C)as long as a nuisance was a reasonably foreseeable result of performing the statutorily authorized activity.
D)as long as it did not intentionally create a nuisance when performing the statutorily authorized activity.
E)only if Ariana knew of the statute when she was injured.

Question 25

Ethan lives next door to Destiny.Which of the following activities might be considered a non-intrusive nuisance?

A)Ethan consistently plays loud music at night.
B)Ethan operates a pig farm that creates a foul odour.
C)Ethan sells drugs out of his house and thereby attracts criminals to the neighbourhood.
D)Ethan operates a metal press that causes Destiny's house to vibrate.
E)Ethan operates a chemical business that causes poisonous substances to seep underground into his neighbours' properties.

Question 26

Generally speaking, there are three sets of rules for the tort of occupiers' liability: the traditional common law rules, the judicially modified common law rules, and the statutory rules.The concept of common humanity is relevant if the plaintiff is
A.a trespasser under the traditional common law rules.
B.a trespasser under the modified common law rules.
C.a trespasser under the statutory rules.
D.either an invitee or a licencee under the traditional common law rules.
E.either an invitee or a licencee under the statutory rules.

Question 27

Rex has sued Regina for the tort of Rylands v Fletcher.ONE of the elements that he must prove in order to win the case is that

A)Regina acted either carelessly or intentionally.
B)he was injured while visiting Regina's property.
C)the injury that he suffered was an inevitable result of the manner in which Regina used her property.
D)he and Regina occupy property in the same neighbourhood.
E)something escaped from Regina's property.

Question 28

Cornelius recklessly stored a large box of fireworks on his residential property.The fireworks ignited when he carelessly threw a cigarette on them.Some of the fireworks shot off his property and struck a neighbouring house, which belonged to Cherilyn.Cherilyn's house was badly damaged by fire.Although she could not recover compensation more than once for the same loss, she would probably be able to successfully sue Cornelius in tort for

A)Rylands v Fletcher and occupiers' liability and nuisance.
B)Rylands v Fletcher and occupiers' liability but not nuisance.
C)Rylands v Fletcher and nuisance but not occupiers' liability.
D)Rylands v Fletcher but not nuisance or occupiers' liability.
E)nuisance but not Rylands v Fletcher or occupiers' liability.

Question 29

Brandon intended to start a new company.He issued a public statement regarding the proposed business venture.That document contained a false statement to the effect that Brandon had received government authorization to use nuclear power for his venture.In fact, authorization had not yet been granted and, indeed, was eventually refused.After reading Brandon's public statement, Abigail invested in the company.She later lost her investment when the company folded.She then sued Brandon for the tort of deceit.Which of the following statements is TRUE?

A)Brandon may be held liable even if he honestly believed that he had received government authorization to use nuclear power.
B)Brandon may be held liable if a reasonable person would have relied upon his statement, even if Abigail did not do so when she made her investment.
C)If Brandon is held liable, damages will be calculated to reflect the position that Abigail would have enjoyed if she had not been deceived, but they will not be calculated to reflect the position Abigail would have enjoyed if Brandon's statement had actually been true.
D)Brandon may be held liable even if he did not intend to deceive Abigail, as long as he did in fact deceive her.
E)The tort of deceit usually causes a court to award an injunction.

Question 30

Bryce consistently commits the tort of nuisance against Aaliyah.She wants an injunction to stop him from doing so.Which of the following statements is TRUE?

A)Aaliyah has an absolute right to an injunction if Bryce's nuisance causes physical damage to her property.
B)Aaliyah cannot receive both an injunction and compensatory damages.
C)An injunction is never available with respect to a nuisance.
D)A court will grant an injunction only if Bryce's nuisance is intrusive.
E)A court may grant an injunction, but is a discretionary remedy

Question 31

Omar and Caitlin own competing computer software companies.The success of Caitlin's business was due largely to the work of her chief designer, Mia.During a recent party, Omar asked Mia if she was happy working for Caitlin.Mia answered, "It's okay, I guess." Omar then spent the next hour explaining to Mia how she would earn a great deal more money, and how she would be involved in much more interesting projects, if she worked for him instead.Which of the following statements is most likely TRUE?

A)To successfully sue Omar for interference with contractual relations, Caitlin must prove (among other things) that she had to pay Mia's replacement a higher salary than she had paid Mia.
B)If Mia does leave her job with Caitlin and begins to work for Omar, Caitlin will certainly be entitled to receive damages from Omar.
C)Omar cannot be held liable to Caitlin for the tort of interference with contractual relations if the court is satisfied that he provided Mia with information about his organization, but did not actually persuade her to leave her job and break her contract of employment with Caitlin.
D)Omar cannot be held liable to Caitlin for the tort of interference with contractual relations unless he committed some other tort, such as intimidation, against Mia.
E)Because he knew that Mia worked for Caitlin, he automatically will be liable for punitive damages if the court finds that a tort has been committed.

Question 32

The rules that apply under occupiers' liability statutes are different from the traditional common law rules in a number of ways.Which of the following statements is TRUE?
A.A person who rents a property may be considered to be an occupier under the statutory rules but not under the traditional common law rules.
B.A landlord could be held liable for premises occupied exclusively by a tenant under the traditional common law rules but not under the statutory rules.
C.An occupier may be held liable for the activities of a third party on the property under the statutory rules, but generally not under the traditional common law rules.
D.The reason for the plaintiff's presence on the occupier's premises is relevant under the traditional common law rules but not under the statutory rules.
E.The new statutory rules are the same in every province because the relevant statute was enacted by Parliament.

Question 33

Isaac lives next door to Gabrielle.He operates a gun shop and firing range on his property.Gabrielle complains that Isaac's business creates a nuisance.In deciding whether or not Isaac's use of his own land is unreasonable, a court would be most influenced by which of the following factors?

A)the profitability of Isaac's business
B)the time of day when the firing range is open for business
C)the fact that bullets from the firing range occasionally shoot across Gabrielle's land
D)the number of employees that work for Isaac's business
E)the fact that Isaac has a criminal record

Question 34

Alpha Inc, Beta Inc, and Gamma Inc all produced and sold widgets.Alpha and Beta entered into an agreement that lasted for two years.Under that agreement, Alpha agreed to sell widgets only in the western provinces and Beta agreed to sell widgets only in the eastern provinces.The parties also agreed, for the two-year period, to sell their widgets for a price that was below their own costs.That agreement violated the Competition Act.As a result of the performance of that agreement, Gamma suffered enormous financial losses.Which of the following statements is TRUE?

A)Alpha and Beta have committed the tort of interference with contractual relations.
B)Alpha and Beta have committed the tort of conspiracy only if the primary intention of their agreement was to hurt Gamma.
C)Alpha and Beta have committed the tort of intimidation.
D)Alpha and Beta may be held liable for the tort of conspiracy as long as they should have known that their agreement would cause Gamma to suffer a loss.
E)The tort of conspiracy cannot be committed without intimidation.

Question 35

Which of the following statements is TRUE with respect to the tort of conspiracy?
A.The plaintiff is always entitled to punitive damages.
B.Liability can be imposed upon individuals but not on organizations.
C.The tort is harder to prove if the defendants conspired to commit a lawful act than if they conspired to commit an unlawful act because the former case requires proof that the defendants' primary purpose was to harm the plaintiff.
D.The defendants will be held liable only if the conspiracy caused someone to break a contract with the plaintiff.
E.The tort requires at least two plaintiffs.

Question 36

Jasmine operated a small chalet in a mountain region.Isaiah rented one of her rooms for the night.Under the traditional common law rules regarding the tort of occupiers' liability, he would best be classified as

A)a trespasser.
B)an invitee.
C)a licencee.
D)a contractual entrant.
E)a covenantor.

Question 37

Generally speaking, there are three sets of rules for the tort of occupiers' liability: the traditional common law rules, the judicially modified common law rules, and the statutory rules.Which of the following statements is TRUE?

A)Under the traditional common law rules, an occupier was merely required to refrain from intentionally or recklessly injuring a licencee.
B)Under the judicially modified common law rules, an occupier must protect both licencees and invitees from unusual dangers.
C)Under the traditional common law rules, a licencee was a person who had permission to be on the premises and whose presence on the premises furthered the occupier's economic interests.
D)Under the statutory rules, there is no need to classify a visitor when determining the precise content of an occupier's duty of care.
E)No duty of care is owed to a trespasser under the new statutory rules.

Question 38

Dakota sued Mariah for the tort of occupiers' liability in a jurisdiction that still used the traditional common law rules (as opposed to the judicially modified common law rules).The court held that Mariah was required to protect Dakota from unusual dangers that Mariah should have known about.It therefore is most likely that Dakota was classified as a

A)trespasser.
B)licencee.
C)invitee.
D)contractual entrant.
E)co-occupier.

Question 39

Alejandro and Chloe were involved in negotiations for the purchase and sale of her business.She may be held liable for the tort of deceit if

A)Alejandro decided to create the contract after Chloe had told him that income tax returns proved that the business would be profitable in the future, even though she knew that those records contained false information that concealed the fact that the business was destined to lose money.
B)she offered an opinion about the profitability of the business that was based on information that he provided to her.
C)she refused to make a prediction about the profitability of the business even though she had sufficient information with which to do so.
D)she provided accurate information to his lawyer, which the lawyer misinterpreted before advising Alejandro on the sale.
E)she misled Alejandro, even if she did not intend to do so, by making an innocent mistake about some of the information concerning the business.

Question 40

Faith lives next door to Alphonse.He has sued her for committing the tort of nuisance.Which of the following statements is TRUE?

A)Alphonse's claim will fail if Faith proves that he consented to her activities in that he did not merely fail to complain but he encouraged the activities.
B)Faith cannot be held liable unless she actually caused something to touch Alphonse's property.
C)Because nuisance is a strict liability tort, the law is concerned with Faith's motivation for acting as she did
D)The claim in nuisance will probably be successful if Faith decorated her house in a way that detrimentally affected the market value of Alphonse's property.
E)Nuisance is a strict liability tort to which there are no defences.

Question 41

You invited your friend Suri to your apartment for dinner.Since you knew that she would arrive first, you gave her your key and told her to let herself in.When she entered, however, a burglar jumped out and cracked her skull with a vase.Suri suffered a concussion.The burglar was also injured.As a practical joke, you had tied a string between the kitchen doorway, hoping that Suri would tumble over when she entered the room.In fact, it was the burglar who was tripped up.He broke his wrist as a result of the fall.Both Suri and the burglar have sued you under the tort of occupiers' liability.Assuming that the traditional common law rules apply, which of the following statements is most likely to be TRUE?

A)You are only liable to Suri because she is an invitee.
B)You are only liable to Suri because she is a licencee.
C)You are only liable to Suri because you had no protection against burglars.
D)You are only liable to the burglar because you recklessly injured him.
E)You are liable to both Suri and the burglar.

Question 42

Which of the following statements is TRUE?
A.The tort of conspiracy always requires proof that the defendant intended to hurt the plaintiff.
B.The tort of deceit always requires proof that the defendant acted with the intention of gaining an economic benefit.
C.The unlawful means tort always requires proof that the defendant committed a civilly actionable wrong against someone other than the plaintiff.
D.The tort of interference with contractual relations always requires proof that the defendant acted with the primary intention of hurting the plaintiff.
E.The tort of intimidation always requires proof that the defendant threatened the plaintiff.

Question 43

Which of the following statements is TRUE?
A.Because they are actionable per se, neither the tort of deceit nor the tort of conspiracy require proof that the plaintiff actually suffered a loss.
B.The torts of intimidation and conspiracy have one thing in common: they both always require proof that the defendant committed an unlawful act in addition to committing the tort.
C.Liability under Rylands v Fletcher requires proof that the defendant was careless but not that he intentionally committed a wrong.
D."Slander" refers to defamatory words that are written and "libel" refers to defamatory words that are spoken.
E.A person may be liable for a tort as a result of making a harmful and false statement about the plaintiff's business, rather than about the plaintiff.

Question 44

The municipal government announced that it was accepting bids on a new project.Kareem is the CEO of Aladdin Contracting.He knew that Aladdin's main competitor, Jafar Construction, intended to submit a bid. Kareem therefore called the CEO of Jafar and told him that if Jafar won the project by bidding less than Aladdin, Aladdin would sabotage Jafar's construction projects for the next year.Which of the following statements is most likely to be TRUE?

A)If Kareem persuaded Jafar to not submit a bid, then both Jafar and Aladdin committed the tort of conspiracy against the municipal government as long as they agreed that only Aladdin would submit a bid.
B)Aladdin has committed the tort of interference with contractual relations against the municipal government if Kareem's threat caused Jafar to not submit a bid.
C)Aladdin has committed the tort of two-party intimidation against the municipal government.
D)Aladdin has committed the unlawful means tort against Jafar because Kareem's threat amounted to both a tort and a crime.
E)Aladdin has committed the tort of two-party intimidation against Jafar if Kareem's threat caused Jafar to not submit a bid.

Question 45

Which of the following statements is TRUE?

A)The tort of injurious falsehood always requires proof that the defendant made a false statement about the quality of the plaintiff's products.
B)Liability for the tort of deceit may arise only if the defendant made a statement to the plaintiff.
C)If the plaintiff cannot sue for the tort of private nuisance, then it also will be impossible to sue for the tort of public nuisance.
D)The defence of absolute privilege does not apply if the defendant maliciously made a defamatory statement.
E)Liability may be imposed under the tort of intimidation even if the defendant's primary purpose was to benefit itself, rather than hurt the plaintiff.

Question 46

Sweety Cola and Bubbly Cola are competitors in the cola market.Both companies spend a great deal of money on advertising in an attempt to lure customers away from the competitor.Those advertisements, however, occasionally backfire.A court recently held Sweety Cola liable to Bubbly Cola under the tort of injurious falsehood.That decision is most likely to have been delivered if Sweety Cola

A)falsely claimed that its own beverages contain zero calories.
B)created a dishonest advertising campaign that caused one restaurant chain to break its contract to purchase beverages from Bubbly Cola.
C)honestly, but incorrectly, said that Bubbly Cola's beverages contain inferior ingredients.
D)caused some consumers to believe that Sweety Cola products were manufactured by Bubbly Cola.
E)persistently claimed that its beverage tasted better than Bubbly Cola's beverage, even taste is entirely a personal preference.

Question 47

Rande was injured by an accident that occurred on land belonging to the Acme Chemical Company.The company may be held liable

A)under the tort of trespass to land if a toxic chemical drifted off its land and injured Rande while he waited for a bus on a public sidewalk.
B)under the tort in Rylands v Fletcher if Rande fell into an unmarked pit on the company's land.
C)under the tort of nuisance if a chemical drifted off the company's land and ruined the paint on Rande's car, even if that vehicle was parked on public property.
D)under the unlawful means tort if the company committed a crime by allowing toxic materials to accumulate on its property and if Rande was injured as a result of coming into contact with those materials while he was visiting the company's land.
E)under the strict liability tort of nuisance if Rande was injured as a result of the company's reasonable actions.

Question 48

Brad made a false and unflattering statement about Concettina.He has been sued for defamation.That action can succeed only if the court is satisfied that

A)Brad knew that his statement was false.
B)Brad made his statement without first carefully checking the facts.
C)Brad's false statement mentioned Concettina by name.
D)Brad knew Concettina's identity.
E)Concettina is still alive when the statement is made.

Question 49

While looking to buy a car, Yanni saw Isabella's ad.That ad stated that Isabella's car was a 1999 Sunfire with less than 100 000 km on it.It also said that the car was great for long road trips with friends.Yanni bought the car and took it on a road trip.After 150 km, however, the car broke down.When Yanni brought the car to a mechanic, he was told that the car's odometer had been rolled back and the car had actually been driven close to 300 000 km when Yanni purchased it.Which of the following statements is true?

A)Isabella is liable for the tort of deceit because the car was not actually great for long road trips.
B)As long as a reasonable person in Isabella's position would have known that the odometer had been rolled back, she is liable for the tort of deceit.
C)This is a case of caveat emptor and Yanni has no way to recover his money.
D)Isabella is liable for the tort of deceit only if she knew that the car had been driven more than 100 000 km.
E)Isabella is liable for the unlawful means tort because she committed the tort of deceit in order to persuade him to purchase her car.

Question 50

Simon, who is nine years old, was recently injured after he wandered onto Regina's land.Simon was infected with a disease after he stepped barefoot on a syringe.The evidence indicates that Regina's land is routinely used by drug addicts to "shoot up." Regina was aware of that fact, but did nothing to stop it or post warning signs.Simon has sued Regina under the tort of occupiers' liability.Which of the following statements is TRUE?

A)If a court concludes that Simon's injury was caused by an activity on Regina's land, rather than the condition of Regina's land, then Regina may be held liable under statutory rules but not under the traditional common law rules.
B)If the common law rules apply to the facts, then it will be necessary to classify Simon as a trespasser, licensee, invitee, or contractual entrant.
C)The tort of occupiers' liability has been abolished in most provinces.
D)If the statutory rules apply, then Regina will be held liable only if she created the danger that caused Simon's injury.
E)If the statutory rules apply, then the court will apply the doctrine of common humanity.

Question 51

Brewster and Constance are neighbours.They both live near the outdoor stadium that hosts sporting events and concerts in their city.For many years, Brewster and Constance both earned a great deal of money by using their lawns as parking lots during stadium events.Recently, however, attendance at stadium events has plummeted and there are not enough customers to keep both Brewster and Constance happy.The two therefore began to compete for business.In a desperate bid to win the competition, Constance threatened motorists who appeared to be headed for Brewster's property.ONE of the elements that Brewster must prove in order to hold Constance liable for the unlawful means tort is that
A.his property shares a legal boundary with her property.
B.a reasonable person in Constance's position would have realized that her behaviour violated Brewster's rights.
C.Constance was motivated by a desire to earn greater profits.
D.Constance committed a crime when she threatened Brewster's potential customers.
E.Constance committed a tort against Brewster's potential customers when she threatened them.

Question 52

Etienne rents an apartment in an older building that has many structural problems.One of those problems is that there are exposed electrical wires in Etienne's kitchen.Etienne repeatedly asked for the problem to be fixed, but the landlord does not enjoy dealing with wiring and the problem still has not been fixed.Etienne therefore warned Crystal about the wires when she visited his apartment for dinner.Unfortunately, Crystal accidentally touched the wires and received a terrible shock.She has sued both Etienne and the landlord for occupiers' liability.Assuming that the statutory rules apply, which of the following statements is most likely to be TRUE?

A)Etienne is liable because he did not use reasonable care to protect Crystal.
B)The landlord is liable for failing to make repairs under the lease.
C)Since Etienne invited Crystal to his apartment, she is classified as an invitee and therefore she will not win against either defendant unless she proves that the dangerous wires were hidden from her view.
D)The landlord is not liable because it is the tenant, rather than the landlord, that has control of the premises under a lease.
E)The landlord is liable for failing to satisfy the requirements of common humanity.

Question 53

Which of the following is the name of a defence to the tort of defamation?
A.honesty
B.due diligence
C.pseudo justification
D.qualified comment
E.public interest responsible journalism

Question 54

Which of the following factors is relevant to a judge's decision as to whether or not a party accused of the tort of nuisance used its property in a reasonable manner?

A)the personal happiness that the defendant receives from the activity in question
B)the nature of the damage that the plaintiff suffered
C)the fact that the plaintiff rents, but does not own, the property that it occupies.
D)the fact that the plaintiff and the defendant are closely related
E)the fact that the defendant has property insurance.

Question 55

Caitlyn is building a treehouse for her son in her back yard.Although the project is only half completed, it already is quite large.Caitlyn's neighbour, Vikram is doubly upset.First, he is unhappy because he enjoyed sitting on his front porch and watching the sun set every evening.The treehouse now completely blocks his view of the sunset.Second, Vikram is angry that Caitlyn often works on the treehouse until midnight.The sound of her hammering and sawing prevents Vikram from getting to sleep at night.Which of the following statements is most likely to be TRUE?

A)If Vikram sues for the tort of nuisance, Caitlyn will be held liable for the late-night noise, but not Vikram's inability to watch sunsets.
B)If Vikram sues for the tort of nuisance, Caitlyn will be held liable for preventing Vikram from watching sunsets, but not for the late-night noise.
C)Because sound waves travel, Caitlyn will be held liable for trespass to Vikram's land.
D)Because construction noises are seldom heard at night in residential areas, Caitlyn will be held liable to Vikram under the rule in Rylands v Fletcher.
E)If Caitlyn received a municipal permit to build the treehouse, she would certainly have a complete defence if Vikram sued for nuisance.

Question 56

The unlawful means tort

A)is one of the oldest torts.
B)was recently rejected by the Supreme Court of Canada.
C)requires proof that, among other things, the defendant also committed some other tort against the plaintiff.
D)requires proof that, among other things, the defendant acted with an intention to cause the plaintiff to suffer economically.
E)is a subset of the tort of interference with contractual relations.

Question 57

Brownie Inc and Chewy Ltd are competitors in the chocolate bar market.Brownie has developed a four-part strategy in an effort to win the "trade war" with Chewy.First, Brownie's advertisements falsely claim that its product are calorie-free.Second, those advertisements also state that Chewy's products are manufactured from third-rate ingredients.Third, those advertisements also say that Chewy's products are proven to cause cancer.And fourth, Brownie occasionally packages its products in such a way as to make consumers believe that they are buying Chewy products.Which of the following statements is TRUE?

A)If Brownie's products are not calorie free, Brownie will be held criminally liable for misleading advertising.
B)Brownie may be held liable for injurious falsehood if Chewy's products are not made from third-rate ingredients, if Brownie's statement to the contrary was made maliciously, and if Chewy suffered a loss of sales as a result of that statement.
C)If Chewy's products do not cause cancer, Brownie may be held liable under the tort of deceit as long as it should have known that its statement was false.
D)The court will find a crime was committed every time that Brownie packaged its products to trick customers into thinking that they were actually buying Chewy's products.
E)Brownie cannot be held liable for injurious falsehood unless it knew that it was committing a tort when it made a particular statement.

Question 58

The trial judge's decision in Baglow v Smith is important because it held that

A)liability may be imposed under the rule in Rylands v Fletcher even if nothing escaped from the defendant's property.
B)the publication requirement under the tort of defamation is not satisfied when the operator of an online message board allows another person to post a comment.
C)a claim for the tort of nuisance will be defeated by the defence of statutory authority as long as the court is satisfied that a statute allowed the defendant to perform the act that injured the plaintiff.
D)because different rules and expectations apply to different types of media, a statement that is defamatory when it is made on television may not be characterized as defamatory if it is made online.
E)a corporation that has been defamed may be awarded compensatory damages, but not punitive damages, because corporations do not have feelings.

Question 59

Which of the following statements is TRUE with respect to the tort of defamation?

A)If the plaintiff applies in a timely manner, a court will automatically grant an injunction to prevent the defendant from making a statement that may be defamatory.
B)The court may award compensatory damages but not punitive damages.
C)The requirement of publication is satisfied if the defendant communicates a false and unflattering statement to the plaintiff, as long as the plaintiff suffers a loss as a result.
D)Because the tort of defamation is concerned with the protection of reputations, liability may be imposed for a false statement that was made about a person, but not for a false statement that was made about a corporation.
E)The tort of defamation may be committed every time that the defamatory statement is repeated.

Question 60

Which of the following statements is TRUE with respect to the tort of injurious falsehood?

A)It requires proof that the defendant's statement caused the plaintiff to suffer a loss.
B)It always consists of a slander of title.
C)It may be established on the basis of proof that the defendant should have known that the statement in question was false.
D)It is another name for the tort of defamation.
E)Because it requires proof of malice, it always results in punitive damages being awarded to a successful plaintiff.

Question 61

Johanna was employed by Raouf.Willie caused her to breach that employment contract.Raouf is trying to decide whether or not to sue Willie for interference with contractual relations.He therefore wants to know what facts he would be required to prove in order to succeed in such a claim.

Question 62

Rachel owned the right to mine for gold on a particular piece of property.Because she lacked immediate financial resources, she issued a statement that was designed to attract investors.That statement was, as Rachel knew, false.It claimed that the land held considerably more gold than it actually did.Relying upon the truth of the information contained in Rachel's statement, Siddharth invested $100 000 in her mining project.On the basis of the statement, he expected to earn a net profit of $250 000.In fact, he earned a much more modest profit of $10 000.Siddharth has sued Rachel for the tort of deceit.If he succeeds, how much will he receive as compensatory damages? Explain your answer.

Question 63

Zeno was injured while he was either a licensee or an invitee on property owned and occupied by Kavita.He has sued her for the tort of occupiers' liability.Describe the relevant standard of care under: (i) the traditional common law rules, (ii) the modified common law rules, and (iii) the statutory rules.

Question 64

Slobodan and Ashraf allegedly committed the tort of conspiracy against Vanessa.She is trying to decide whether or not she will sue them.She therefore wants to know what facts she would be required to prove in order to succeed in such a claim.In that respect, why is it important for her to determine whether the act that Slobodan and Ashraf conspired to commit was unlawful in itself?

Question 65

Identify and briefly explain the considerations that will influence a court's decision to grant an injunction to stop an ongoing nuisance.

Question 66

Khalid was injured while trespassing on property owned and occupied by Charisse.He has sued her for the tort of occupiers' liability.Describe the relevant standard of care under: (i) the traditional common law rules, (ii) the modified common law rules, and (iii) the statutory rules.

Question 67

What interest is the tort of defamation intended to protect? How is the requirement of publication related to that interest?

Question 68

What is the defence of justification? To which tort does it apply?

Question 69

You and I are competitors in the publishing business.You and I both know that Mysty is my best employee and that much of my success is due to her efforts.You want to find some way of causing Mysty to stop working for me and, if possible, to start working for you.You have persuaded her to meet with you for a discussion of her future employment.You intend to tell her that I am a lousy employer.Identify and explain the risk management issues that you should bear in mind as you prepare for that meeting.

Question 70

Siegfried owns a rattlesnake that he keeps in his office in a large, locked aquarium.Bianca was severely injured during a recent meeting at Siegfried's office after she was bitten by the snake.She has sued for the tort of Rylands v Fletcher.Siegfried claims that he should not be held liable because he took every reasonable precaution in placing the snake in a locked aquarium.He also argues that it was entirely unforeseeable that the lock would spontaneously spring open and release the snake from its cage.(The manufacturer of the lock went out of business several years ago and cannot be sued.) The judge has accepted the factual truth of those arguments, but has not yet decided upon their legal significance.Can Siegfried avoid liability under Rylands v Fletcher on the basis that he neither carelessly nor intentionally injured Bianca? Is there any other basis upon which he might avoid liability? Explain your answers.

Question 71

Briefly explain the difference between the tort of private nuisance and the tort of public nuisance.

Question 72

As a general rule, the tort of deceit is not committed if the plaintiff suffered a loss as a result of relying upon an opinion, prediction, or puff that the defendant made, even if that statement was incorrect or inaccurate.Identify and briefly explain the reason for that general rule.

Question 73

Bouba received special permission under the Radio and Satellite Signal Reception Act to erect a radio beacon on his property.The statute specified a number of technical requirements, but it did not impose requirements or restrictions regarding the height, shape, size, or location of the beacon.Bouba built a very tall beacon at the edge of his property, about 10 metres from a house that belonged to Virginia on the neighbouring piece of land.That beacon toppled over during a snowstorm and crashed through Virginia's roof.She has sued Bouba for the tort of nuisance.He argues, however, that he is protected by the defence of statutory authority.Is he correct? Explain your answer.

Question 74

"To succeed in an action for intimidation, the plaintiff must prove that the defendant threatened to commit an unlawful act.Depending upon the circumstances, it may be sufficient if the plaintiff proves that the defendant threatened to commit a breach of contract." Explain the circumstances in which this statement is or is not true.

Question 75

Amarjeet and Doris were competitors in the widget industry.In an over-exuberant effort to take over her business, Amarjeet told Doris that he would spread false and unflattering rumours about her unless she sold her company to him.Doris was quite frightened by Amarjeet's behaviour but she did not sell her company to Amarjeet.She has now sued him for the tort of intimidation.Amarjeet has argued in defence that he acted solely for the purpose of furthering his own financial interests, and not out of a desire to hurt Doris.The evidence indicates that he is telling the truth in that respect.He also resists liability on the basis that he never actually did defame Doris as he had threatened to do.Will either of those defences protect Amarjeet from liability? Is there any other basis upon which he can avoid liability? Explain your answers.