Deck 2: Torts and Professional Liability

Question 1

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

Answer 1

False

Question 2

In January,a driver accidentally caused a snowplow to go off the road,crash into a house,and enter the living room of that house.No one was hurt,but the incident caused extensive damage to the house.If the driver of the snowplow was charged with the crime of driving while impaired,and subsequently 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 nuisance.
C)The owners of the house could also proceed in a civil action against the driver for the tort of negligence.
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 would have no civil action against the driver because no one was hurt.

Answer 2

C

Question 3

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

Answer 3

False

Question 4

Clark was at Computerheaven Ltd.and asked for a box of the highest-grade computer paper.Don,an employee,went to the back to get it,but he didn't know which of the five choices available was the best grade of paper.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 turned to go.As he was walking out the door,Don threw a hard disk drive at him and hit Clark in the back of the head.Considering the legal meaning of the following,indicate which would be successful based on these facts?

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

Question 5

A mean-spirited neighbour,Lahey,yelled insults at Rob,a real estate agent,as Rob was leaving an open house.Lahey then suddenly rushed toward Rob.Although Rob tried to defend himself by throwing his briefcase at Lahey,Lahey hit him above the eye,causing a serious cut that required stitches.Lahey was arrested,convicted,and sentenced in a criminal action for his attack.Rob couldn't work for two months because of the injury.On these facts,which of the following is false?

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

Question 6

Bill and Sal worked for Mrs.Greenlawn,a lawn-care company.One morning they attended at a new customer's residence.While in the process of applying fertilizer to the lawn,the boys mistakenly applied strong weed killer that caused the grass to turn brown and die.The boys failed to follow the employer's directive that they double check to ensure that fertilizer was being used.The owner of Mrs.Greenlawn apologized to the homeowner but indicated that it was not her fault and she would not be paying for the costs of sodding the entire lawn.Is the position taken by the owner of Mrs.Greenlawn correct at law?

A)Yes,because the employees were specifically told to ensure that fertilizer was being applied before commencing the job.
B)Yes,because the owner of Mrs.Greenlawn did nothing wrong at law.
C)No,because the weed killer used by Mrs.Greenlawn caused too much damage.
D)No,because Mrs.Greenlawn is vicariously liable for torts committed by employees in the course of their employment.
E)Yes,because businesses are incorporated to protect themselves from these types of claims.

Question 7

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

Question 8

When Mr.P dropped off his wife 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 also proceed in a civil action against Mr.H for the tort of nuisance.
B)Mr.P could also proceed in a civil action against Mr.H for the tort of battery.
C)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.
D)Mr.P could ask for special damages,but not for general or punitive damages.

Question 9

A truck was driven into the family room of a home,causing $14 000 in damage.The driver was impaired,so the homeowners called the police.The driver was arrested and charged with an offence under the Criminal Code,convicted,and sentenced.Which of the following is true?

A)In the criminal action,the individual is taking the action against the accused.
B)A civil action is a private action in which the plaintiff's primary purpose,generally,is to seek compensation.
C)In the criminal proceeding,the prosecutor had to prove the case on the balance of probabilities.
D)In a civil action,the plaintiff must prove his or her case beyond a reasonable doubt.
E)The owners cannot sue the driver in a civil action because he has been convicted in the criminal action,and the same behaviour cannot be the subject matter of both types of actions.

Question 10

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,vaccinations,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 warning him to alert travellers of the new regulation.When Mrs.Kahn and the children reached Toronto to embark on a plane for London,England,they were stopped because she did not have the required note from Mr.Kahn.They lost their reservations for both the flight and the tour with no refund.On these facts,which of the following is true?

A)Libel is the only tort available for persons injured by another's words.
B)There could be a civil action against Tobin and his employer,although the employer did no wrong.
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 an accident.
E)Tobin could sue for false imprisonment.

Question 11

Distinguish a crime from a tort.

Question 12

Explain the principle of vicarious liability and give an example.

Question 13

"The person who committed the assault and battery must have intended to hurt the other person." Comment on the accuracy of this statement.

Question 14

Trevor and Roger,employees of Ezon Ltd.,accidentally dropped a crate that they were unloading.The crate just missed an 80-year-old woman,Mrs.Sloe,who was on her way to the bus stop.She was not hurt at all nor upset,because the crate 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)In law,the battery was committed by Mrs.Sloe.
B)Mrs.Sloe could successfully sue Trevor and Roger for negligence.
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 for battery.
E)In a negligence action,the standard of care owed by workers is to do the best they can.

Question 15

Distinguish between a tort and a breach of contract.

Question 16

Explain any limitation on the principle of vicarious liability in the employment context.

Question 17

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

Question 18

What is a tort?

Question 19

Distinguish between assault and battery.

Question 20

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

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

Question 21

Contrast the use of the terms assault and battery in tort law as compared to their use in the Criminal Code.

Question 22

What elements must be established in order to sue another for false imprisonment?

Question 23

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?

A)The defendant's best defence would be that the plaintiff consented to the hit.
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 provocation.
E)The defendant's best defence would be qualified privilege.

Question 24

Joe was jogging along a deserted trail beside a river when he met Sam coming the other way.Joe stopped and,in conversation with Sam,accused Sam of stealing and shoplifting from the store.Sam was appalled,became irate,and struck Joe in the nose.In the resulting fight,Joe was injured,suffering a broken nose and significant bruises.Finally,after some time,another jogger came along the trail and broke up the fight.Joe sued Sam for battery and Sam sued Joe for defamation.Explain the likely outcome.

Question 25

In order to sue for trespass to land,what two elements must be established?

Question 26

Bubba,an angry,foul-mouthed fan,yelled insults at Rob,a professional athlete,as Rob was leaving the field.Bubba then suddenly rushed toward Rob.Although Rob tried to defend himself by throwing his gym bag at Bubba,Bubba hit Rob above the eye,causing a serious cut that required stitches.Bubba was arrested,convicted,and sentenced in a criminal action for his attack.Rob,a starting player,missed 10 games because of the injury.On these facts,which of the following is true?

A)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 toward Rob.
B)The insults yelled at Rob would in themselves give Rob the right to hit Bubba with his gym bag.
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)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.

Question 27

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)a rude gesture from another motorist
C)a car accident in which you are hit by an impaired driver
D)bumping into another person in a crowded hallway
E)a bystander struck by a ball during a baseball game

Question 28

Mary was referred by her family doctor to a surgeon to discuss the possibility of having her gallbladder removed laparoscopically.During the course of meeting with the surgeon she was told that there were certain risks associated with undergoing the procedure but that these risks were small.She elected to undergo the procedure.During the course of the procedure the doctor "nicked" an artery causing a significant internal bleed that required significant additional surgery to repair.Mary sued the doctor for battery.Her case in court will

A)succeed because there was actual physical contact.
B)fail because the doctor told Mary about the risks before the procedure and he therefore obtained her informed consent.
C)succeed because the doctor did the same thing to another patient two months earlier.
D)fail because there is no evidence of negligence.
E)succeed because Mary elected to have a jury trial.

Question 29

Explain how your right to defend yourself is limited.

Question 30

Which of the following is true related to assault and battery?

A)Under the Criminal Code,the term assault includes physical contact that in tort law would be referred to as battery.
B)The definition of assault is the same under the Criminal Code and under tort law.
C)Under tort law,assault involves physical contact.
D)Intentional physical interference with another is a tort but is not a crime under the Criminal Code.
E)Provocation is a defence successfully used to justify a violent response to verbal abuse.

Question 31

"In order for a person to successfully sue for an assault and battery,damage or injury must be demonstrated." Comment on the accuracy of this statement.

Question 32

When a doctor treats or operates on a patient,explain why that patient cannot sue for battery.

Question 33

Although nothing at all had been stolen,the store detective thought that Al and Ed had stolen some CDs.After they exited 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 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 assault and battery.
B)Both Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.
C)Neither Al nor Ed could sue because neither was confined in a closed space.
D)Both Al and Ed could sue for the tort of false imprisonment because there had been no crime committed.
E)Only Ed has a cause of action for false imprisonment (i.e.,a legal right to sue).

Question 34

Regarding the tort of false imprisonment,will anything short of complete restraint amount to imprisonment?

Question 35

Which of the following incidents describes the legal meaning of the tort of assault?

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

Question 36

Joe went to Sam the barber for a haircut.When Sam finished,Joe looked in the mirror and was horrified; he refused to pay and got up to leave.Sam refused to let him go,this being the third customer that day who had tried to leave without paying.Sam insisted that Joe stay while he phoned the police.Joe did so.When the police arrived and Sam explained the situation to them,the police told him that they wouldn't arrest Joe,and that Sam would have to pursue other remedies.Joe later sued Sam for false imprisonment.Explain the likely outcome.

Question 37

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 as a "multiple-family dwelling." Mr.Shore checked the property himself and assured her it was zoned as a "multiple-family dwelling," but he had not checked the new regulations properly.Relying on his statement,Reed invested $300 000 in the purchase and 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 as a "duplex." Upon hearing this news,she rushed to the 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 not sue Shore for saying the property was zoned as a "multiple-family dwelling" because he did not intend to make the error; it was just a mistake.
B)Shore could successfully sue Reed for assault.
C)Reed could successfully sue the city for negligence.
D)Reed could successfully sue Shore for defamation.
E)Reed could successfully sue Shore for assault and battery.

Question 38

Which of the following is true related to a private citizen's authority to make an arrest and false imprisonment?

A)False imprisonment must involve some type of physical restraint.
B)A private citizen's power to arrest is the same as the power held by border guards and security personnel in most cases.
C)Private citizens do not have the power to arrest.
D)A private citizen's power to arrest is likely to be expanded in the future.
E)A private citizen's power to arrest is likely to be more restricted in the future.

Question 39

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

A)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.
B)Ed became sick from consuming too much alcohol that he had purchased from the store.
C)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.
D)Mr.Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor of Vancouver.
E)A store detective stopped Joan after she left the shop because he saw her leave with candy she hadn't paid for.She had slipped the candy into her pocket.He detained her for 20 minutes until the police arrived.

Question 40

Discuss the position of a doctor when faced with a patient refusing life-saving medical treatment.

Question 41

If a television broadcaster makes disparaging remarks about all immigrants in Canada,the broadcaster could be sued successfully for defamation by any immigrant in Canada.

Question 42

Joe was chased onto Sam's land by a group of ruffians and hid behind Sam's rose bush to escape them,causing some damages.Sam sued for trespass; will he win?

Question 43

Bill and Joe are neighbours.Joe has a swimming pool in his backyard.Every weekend Joe plays softball with a group of co-workers.He brings the entire team back to his house and they swim in his pool.Joe also plays loud music in the backyard until early morning hours.Bill has asked him to stop but he refuses.Joe's actions constitute

A)the tort of assault.
B)the tort of private nuisance.
C)the tort of trespass.
D)the tort of negligence.
E)the tort of defamation.

Question 44

You cannot trespass in a public mall.

Question 45

Explain what is meant by a continuing trespass.

Question 46

Give three examples where tort standards have been modified by legislation.

Question 47

After the Leans began to use their new swimming pool,they found that they could not enjoy 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)The Leans would have to sue in nuisance if they hope to succeed.
B)The Leans could sue for assault.
C)The Leans can sue for trespass.
D)This is an example of strict liability and there is nothing the neighbour can do to avoid liability in these circumstances.
E)There is nothing the Leans can do.

Question 48

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 beehives on his property.On these facts,which of the following is true?

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

Question 49

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

Question 50

A continuing trespass can be remedied by damages.

Question 51

Under what circumstances would one sue for nuisance?

Question 52

A person could be liable for the tort of trespass:

A)for attending the "garage sale" at the designated time.
B)for leaving packages in the wrong person's garage.
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 accidentally knocking down the garage in a car out of control.

Question 53

Some people have implied permission to be on your land.

Question 54

Read the following and indicate the true statement.

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

Question 55

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

A)An accountant made an error in financial statements that he knew would be given by his client to a potential investor,Mr.Ling.The investor,relying on the erroneous statements,invested $20 000 and lost it all.Ling sued the accountant.
B)When Manjeet accidentally dropped a board and broke Al's toe,Al threw a rock at Manjeet,but Manjeet saw it coming and moved in time to avoid being hit.Al sued; Manjeet counterclaimed.
C)A waiter,and 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.
D)Mr.Simpson wrote a letter to the editor of the Vancouver Province in which he falsely stated that the mayor took a bribe.The editor and 10 others on staff read it but decided not to print it.The mayor sued Mr.Simpson.
E)Jayne was doing aerobic exercises.She looked up and saw the gas meter reader in the backyard.She sued him for trespass.

Question 56

Joe wandered onto Sam's land,not realizing that he had crossed the property line.Sam found him there and sued him for trespassing.Explain the likely outcome.

Question 57

Define defamation.

Question 58

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

Question 59

A person can be sued for trespass when he or she accidentally crashes into another person's property after losing control of his or her car.

Question 60

A person could be liable for the tort of trespass:

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

Question 61

Words that are basically innocent such as "Mary had a baby yesterday" can become defamatory when combined with information that the hearer has,such as the fact that Mary is a Catholic nun.This hidden meaning is referred to as ________.

Question 62

The plaintiff,M,quit her job because her then-employer,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)Mr.C could be sued successfully for defamation even though the defamatory words were not written down.
C)Technically,M could sue Mr.C for libel.
D)Mr.C could successfully use the defence of fair comment.
E)Mr.C could successfully use the defence of qualified privilege.

Question 63

The provincial government thought that the only way to make businesses competitive with those from other countries was to make more information available to them about market conditions,currencies,etc.around the world.It began a program of incentives that included a government office that would give people not only business information but also advice on how the businesses could link to the government's database that held the information.Mr.Su relied on some information given to him by Alex Chec,an employee of the government.The information was wrong due to a mistake made by an operator entering data.It was Chec's job to cross-check that information before it was released to the public.He forgot to do this.Su suffered a $10 000 loss because of the error.Which of the following is true?

A)The court must find only one party liable and that party must pay for all damages.
B)The operator may be found liable for negligence if Su,the plaintiff,can prove,among other things,that she owed him a duty of care.
C)Su could not take any action because he had not entered into a contract with the government for this information.
D)Su could not take any action because he suffered no physical injury.The case deals only with information.
E)If Su sues the government on the principle of vicarious liability,he cannot also sue the employee,or employees,at fault.

Question 64

A 70-year-old woman,while using the escalator at the airport,dropped a glove.When she attempted to pick it up,she lost her balance and fell.As a result of the accident,she suffered a fractured vertebra (back bone).In an action by her against the company that was responsible for maintaining the escalator,the defendant company would argue which of the following for its best defence?

A)provocation
B)There were no damages suffered.
C)It was not below the standard of care.
D)It did not owe her a duty of care.
E)qualified privilege

Question 65

Explain when the defence of fair comment would be available.

Question 66

Explain the defence of "reasonable communication" and its importance in the area of defamation.

Question 67

Explain under what circumstances qualified privileges are available.

Question 68

A recent case involved a fight that broke out at the Commodore,a dance hall.During a break in the music,the master of ceremonies was attacked.When the Commodore's security team failed to appear,the plaintiff,Mr.Jeffrey,a patron,joined other patrons who intervened.Jeffrey was hit from behind with a chair and punched in the jaw.He sued Commodore Cabaret Ltd.,the company that managed the premises and entertainment,on these facts.Which of the following is false?

A)The company has a duty under the Occupiers' Liability Act to take reasonable steps to ensure that patrons are reasonably safe.
B)If the defendant argued and the court found that Jeffrey was contributorily negligent,Jeffrey would receive some damages for compensation.
C)Jeffrey could have successfully sued the person who punched him in the jaw for the tort of negligence.
D)Jeffrey's cause of action against the company could be framed in negligence because he could argue that the company owed him a duty of care,fell below the standard of care,and caused him foreseeable damage.
E)If the defendant argued and the court found that Jeffrey had volunteered to take both the physical and the legal risk,Jeffrey would lose and receive no damages.

Question 69

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

A)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.
B)If the court finds the plaintiff contributorily negligent,causing 20% of his or her loss,he must suffer that portion of the loss and will not be compensated for it by the defendant.
C)An act must be intentional to be classified as a tort.
D)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 relevant facts that would allow a reasonable person to make a decision.
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 or her property.

Question 70

Mr.Reasoner was looking out his living room window and saw his next-door neighbour,Jon Bon,trying to burn leaves.Bon threw gasoline on the damp leaves,and when he lit a match,there was an explosion that sent flames in every direction.Luckily,no one was around,and the flame that shot onto Reasoner's property caused no harm whatsoever.Reasoner was upset by this carelessness and sued Bon for negligence.Which of the following is the best argument for the defendant Bon?

A)There were no damages suffered.
B)Reasoner had voluntarily assumed the risk.
C)Bon didn't owe the plaintiff a duty of care.
D)Bon was not below the standard of care.
E)Reasoner was contributorily negligent.

Question 71

Explain what is meant by innuendo.

Question 72

Explain the difference between qualified and absolute privilege.

Question 73

Which of the following is an intentional tort?

A)negligence
B)breach of contract
C)defamation
D)frustration
E)duress and undue influence

Question 74

Mrs.Stare was looking out her living room window when she saw her neighbour,Mr.Phast,get in his new car and try to go from 0 to 100 kilometres per hour in just 10 seconds,like the manufacturer's ad on TV.It was a careless thing to do in this residential neighbourhood; Phast just missed hitting a child on his bike who was travelling in the same direction and couldn't see Phast's car coming.No one was hurt.Stare was angry at Phast's recklessness.On these facts,which of the following is false?

A)The test to be applied to determine the standard of care owed is the reasonable person test (i.e.,how a reasonable person would have driven the car).
B)Since there were no damages and the conduct was careless,Phast could not successfully be sued.
C)The boy could successfully sue Phast for negligence.
D)Stare could not successfully sue Phast for negligence.
E)Phast owes a duty of care to the boy on the bike.

Question 75

Following a broadcast on the TV station the night before about a particular city councillor having been pulled over for drunk driving,Joe,a political cartoonist,drew a cartoon of the councillor,obviously drunk and with his clothes in disarray,having difficulty walking a straight line on the road with a sober police officer looking on.This was published the next day in the paper for which Joe works.The city councillor involved had had disagreements with Joe in the past and disliked him intensely.It turned out that the story published on TV was an error,but the city councillor chose not to sue the TV reporter and the station; rather,he sued Joe for defamation.What would Joe's best defence be? Indicate the likely outcome.

Question 76

Distinguish between libel and slander.

Question 77

Explain in what circumstances the defence of absolute privilege is available in defamation action.

Question 78

Joe is a publisher of a newspaper and relied on Harry's account when he published an article stating that a councillor,Sam,had been caught making indecent telephone calls.It turned out that Joe had misunderstood,and someone else had made the calls.Sam sued for defamation.Will he succeed?

Question 79

Sam and John drank beer and watched the Olympics for hours.When John left,he did not feel impaired,but the alcohol in his system affected his driving.He lost control of his car,which crashed through Mr.Mitsu's fence and into Mr.Mitsu's garage.Mitsu's neighbour,Mr.Watson,called the police.John was charged with driving while impaired and was found guilty in criminal proceedings.Given these facts,which of the following is true?

A)Because John was charged with an offence,Mitsu cannot sue him in a civil action for compensation.One court action is all that is allowed.
B)Since no one was physically injured,there could be no civil action.
C)Mitsu could sue John for negligence.
D)Watson,the neighbour,could sue John for negligence.
E)If Mitsu sued John,he would be entitled only to punitive damages.

Question 80

Which of the following does not describe a crime?

A)an act prosecuted by the state
B)a serious injury inflicted on a person by the unintentional act of another
C)a charge laid by the police
D)an act that can be punished by imprisonment
E)a serious offence against the state