Chapter 4

Front 1

1

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

Back 1

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

Front 2

2

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?

Back 2

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

Front 3

3

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

Back 3

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

Front 4

4

Which of the following is an intentional tort?

Back 4

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

Front 5

5

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 questins 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 hell! 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 given these facts.

Back 5

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

Front 6

6

Read the following and indicate the true statement.

Back 6

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 negligence.
B) 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.
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 a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence.
E) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.

Front 7

7

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

Back 7

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

Front 8

8

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

Back 8

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

Front 9

9

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

Back 9

A) With assault and battery, a person can successfully sue without having to prove damages.
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) A person may not succeed with the defence of self-defence if he used excessive force.
D) 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.
E) 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.

Front 10

10

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?

Back 10

A) The owners of the house would have no civil action against the driver because no one was hurt.
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 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.
E) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.

Front 11

11

A person could be liable for the tort of trespass

Back 11

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

Front 12

12

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

Back 12

A) I accidentally drop a hammer on your foot.
B) When you are asleep in the house, I sneak up and throw a hammer through your garage window.
C) Unknown to you, I throw a hammer at your head but miss.
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 throw a hammer at your head, but you see it coming and duck out of the way.

Front 13

13

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?

Back 13

A) Both Al and Ed could sue for assault and battery.
B) Neither Al nor Ed could sue because neither was confined in a closed space.
C) Both Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.
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).

Front 14

14

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 her 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?

Back 14

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

Front 15

15

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.

Back 15

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 10 others on staff read it but decided not to print it.
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) 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) 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.
E) Ed became sick from contaminated juice bought by his mother.

Front 16

16

Which of the following actions constitutes an assault?

Back 16

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

Front 17

17

Read the following and indicate the false statement.

Back 17

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 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.
C) If falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass.
D) 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.
E) If the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.

Front 18

18

Until very recently, there was no tort of invasion of privacy in common law, but several provinces made interfering with a person’s privacy a statutory tort. This tort is known as ______________

Back 18

A) defamation
B) invasion of privacy
C) intrusion upon seclusion
D) nuisance
E) interference of privacy

Front 19

19

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

Back 19

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

Front 20

20

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

Back 20

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

Front 21

21

All of the following are examples of unfair competition except

Back 21

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

Front 22

22

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

Back 22

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

Front 23

23

The tort of deceit involves

Back 23

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

Front 24

24

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

Back 24

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

Front 25

25

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

Back 25

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

Front 26

26

Conversion takes place in all of the following instances except

Back 26

A) a person intentionally taking the goods of another person for her own purposes.
B) a person stealing goods belonging to another.
C) a person acquiring possession of goods through deceit and the goods being destroyed.
D) a person coming into possession of goods lawfully, but refusing to return them after a proper request.
E) a person selling or wrongfully disposing of goods belonging to someone else.

Front 27

27

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?

Back 27

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

Front 28

28

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?

Back 28

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

Front 29

29

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

Back 29

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

Front 30

30

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

Back 30

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