Law Ch 12

Front 1

What is the most common occurrence that gives rise to a tort action in relation to the commercial use of property?

Back 1

an occupier of a property harms others

Front 2

What is the legal term for the group of parties recognized as having the ability to exercise some degree of control over land or buildings on that land?

Back 2

occupier

Front 3

Alexis positioned his new fence exactly where he wanted it, even though it significantly encroaches on his neighbour’s property. Which of the following would immediately let Alexis know he has most likely erred on the wrong side of the law?

Back 3

having to defend an action for trespass

Front 4

As she exited her bank’s building, Tallama’s foot became entangled in a thick rope hanging from the building maintenance worker’s window-washing platform onto the ground. Tallama lost her balance and broke her arm as she awkwardly hit the ground. Under which of the following torts will Tallama’s lawyer most likely commence an action to recover damages?

Back 4

occupiers’ liability

Front 5

What provincial jurisdiction has abolished occupiers’ liability altogether as a specialized category in law?

Back 5

New Brunswick

Front 6

Delmar Construction Inc. was unable to continue its apartment block construction project. Subsequent to the temporary suspension of construction, a child was seriously injured when he fell into the open basement portion of the building. What do these circumstances exemplify?

Back 6

occupiers’ liability

Front 7

In law, which of the following will probably be most influenced by the categorization of visitors according to distinctive classifications?

Back 7

determining the liability of the occupier

Front 8

Martina is meeting with a group of new trainees. One of management’s main training goals is to improve employee awareness of the legal risks that can arise under occupiers’ liability. What will Martina most likely stress as a distinguishing feature of this form of liability?

Back 8

that each class of visitor is owed a different standard of care

Front 9

Which of the following is a valid criticism of the current state of the law with respect to occupiers’ liability?

Back 9

The blurring of classes and resulting duties owed to each is problematic.

Front 10

Roslyn was stopped on her way to her seat during the hockey game and asked to show her ticket, which she readily did. Why did Roslyn have to comply with the usher’s request to show her ticket?

Back 10

to show she had paid for the right to enter the premises

Front 11

Which of the following is synonymous with a warranty that “the premises are as safe as reasonable care and skill on the part of anyone can make them”?

Back 11

a duty owed to a contractual entrant

Front 12

Jeremy placed caution signs around the area of the loading bay where the old concrete flooring had crumbled. The deterioration created an obscure depression, posing a hazard the unwary could easily step into. On whom is Jeremy’s precautionary action most likely intended to have the greatest degree of influence?

Back 12

Invitees

Front 13

With respect to unusual dangers, which of the following is a recent modification to the general rule with respect to occupiers’ responsibilities to licensees?

Back 13

Liability arises from having reason to know about them.

Front 14

A retail store owner requests that an unruly patron immediately leave the store. What is the status of the patron?

Back 14

a trespasser

Front 15

Suspecting a burglar was attempting to enter his garage, Hakim let his Dobermans outside to take care of the threat. He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans’ bites on the thief’s hands and legs. Why has Hakim been named as a defendant in this lawsuit?

Back 15

The injuries result from his reckless disregard for the trespasser’s presence.

Front 16

Which of the following are treated according to specialized rules in some jurisdictions under occupiers’ liability legislation?

Back 16

Trespassers

Front 17

Roger’s soccer team completed the entry form and submitted the fee to participate in a local weekend promotional tournament. Several players in the opening games became nauseated and very ill due to exposure to residue from a pesticide sprayed on the fields an hour earlier. In formulating a legal argument, which of the following could be applied to reach the equivalent to the standard of care set by Manitoba occupiers’ liability legislation?

Back 17

negligence standard

Front 18

With respect to statutory requirements relating to occupiers’ liability, which of the following would most likely be set out as a general requirement by provincial legislators creating such law?

Back 18

to refrain from creating deliberate danger or harm

Front 19

A young father’s serious slip and fall injury could likely result in which of the following legal outcomes for the occupier?

Back 19

liability for not ensuring the property was reasonably safe

Front 20

A lawyer is arguing that a promoter hosting a public New Year’s social is liable in tort for negligence causing injury and loss to his client. Which of the following arguments most likely offers the strongest support for the claim for damages he is presenting to the court?

Back 20

The promoter failed to provide a safe environment.

Front 21

A law professor is discussing possible defences to a spectator’s claim for damages against an occupier. With respect to a successful defence for an alleged negligent breach of contract, which of the following could you reasonably expect the professor to suggest?

Back 21

the absence of a promise of absolute safety

Front 22

A lawyer for a defendant is arguing that the plaintiff negligently failed to keep a proper lookout for pucks at a hockey arena, causing his own injury. What classification could likely be applied by a court to negatively influence the viability of this defence?

Back 22

flying pucks as a danger clubs ought to anticipate

Front 23

Leakage from a gold mine’s tailings pond eventually leached through the soil, contaminating the groundwater system with high levels of cyanide. Dairy farmers in the region suffered heavy losses from the illness in their herds caused by the poisoned well water. With respect to the right to use and enjoy land, which of the following would a lawyer advising the farmers likely suggest as grounds for an actionable tort?

Back 23

a nuisance action on the grounds of unreasonable and substantial interference

Front 24

Which of the following would, owing to inflexibility, be considered to strongly support the protection of the Canadian environment?

Back 24

the common law tort of nuisance

Front 25

Why have governments introduced the concept of “a degree of acceptable environmental damage” by way of sophisticated and complex environmental legislation?

Back 25

to displace the importance of common law protections set in nuisance

Front 26

Which of the following is typically derived from s. 494 of the Criminal Code?

Back 26

the authority to detain

Front 27

Jameson waited calmly during the 20 minutes he was detained, while shopkeepers looked through his backpack for shoplifted items to no avail. What tort has been committed?

Back 27

false imprisonment

Front 28

Which of the following is a distinguishing feature of the tort of battery?

Back 28

Contact need not cause actual harm.

Front 29

Which of the following is synonymous with a misrepresentation causing loss?

Back 29

a reckless disregard for the truth

Front 30

A court released Raven from her contract and awarded $33 000 in damages arising from harm flowing from her reliance on deliberate misrepresentations. What is the cause of action represented by these circumstances?

Back 30

deceit

Front 31

According to the Supreme Court of Canada, which of the following is synonymous with the reputation of a business and its expectation of patronage in the future?

Back 31

goodwill

Front 32

In law, which of the following most strongly supports a complete remedy for a business experiencing harm arising from another’s deceptive copying?

Back 32

an injunction restraining the offending activity and damages

Front 33

What is a distinguishing feature of court awards for damages arising from an actionable tort of interference with contractual relations?

Back 33

personal service contracts are exempted from specific performance

Front 34

Which of the following is synonymous with the phrase “protect the reputation of individuals against unfounded and unjustified attacks” with respect to an actionable tort?

Back 34

the tort of defamation

Front 35

Which of the following would be most strongly supported by counsel’s presentation of evidence that substantiates the truth of a statement in a defamation action?

Back 35

a complete defence

Front 36

The court has determined that plaintiff’s counsel has been unable to show malice. Which of the following would be most strongly supported by this finding by the court?

Back 36

fair comment

Front 37

What is the common term for broadcasting a defamatory utterance?

Back 37

slander

Front 38

What is the common term for publishing a defamatory statement?

Back 38

libel

Front 39

What is the most likely outcome of a court’s finding of a defendant’s libellous conduct as being particularly reprehensible and oppressive?

Back 39

punitive damages

Front 40

Which of the following would most likely be used by a court to assess the quantum of an individual’s actual monetary damages resulting from defamation?

Back 40

the severity of the defamation

Front 41

Which of the following is problematic in the legal context of comparative and negative advertising?

Back 41

injurious falsehood

Front 42

Which of the following is a distinguishing characteristic of injurious or malicious falsehood?

Back 42

The plaintiff must prove a malicious statement about service or products and its falsehood.

Front 43

In Hollinsworth v. BCTV, [1996] 6 W.W.R. 54 (B.C.C.A.), what statute did the plaintiff successfully rely on to compensate for the liberties taken by the defendant without the plaintiff’s knowledge or consent?

Back 43

British Columbia’s Privacy Act

Front 44

With respect to personal information, which of the following does the protection of privacy interests afforded through privacy legislation deal with?

Back 44

disclosure, use, and collection for commercial purposes

Front 45

Which of the following is the most suitable substitute to having an after-the-fact debate on the standard of duty owed to an injured entrant?

Back 45

implementing preventive measures to maintain safe premises

Front 46

With respect to the management of the risk of passing off, which of the following would immediately let you know that training efforts have failed?

Back 46

copying others treated as innovation by employees