Question 1

Which of the following is an example of an interest that is not protected by the tort of nuisance?

Accepted Answer

A)   right to peace and quiet
B)   right to sunlight
C)   freedom from unpleasant odours
D)   freedom from vibrationE) A) and B)
F) A) and C)

Question 2

Identify and describe the questions that would be considered appropriate for inclusion in a risk management list of questions for use by a business that designs and creates consumer goods.

Accepted Answer

An appropriate risk management list of q...

Question 3

Richard was shopping in a sporting goods store when he was approached by a security guard who told him he was suspected of shoplifting.The security guard then told Richard he had to accompany him to an office at the back of the store.Richard had stolen nothing but felt compelled to comply with the security guard's request.Which statement best describes this situation?

Accepted Answer

A)   The security guard has committed the tort of defamation.
B)   Richard cannot sue for false imprisonment because he voluntarily complied with the security guard's request.
C)   Richard cannot sue for false imprisonment because he was not physically restrained by the security guard.
D)   Richard may still sue for false imprisonment because he was coerced into complying with the security guard's request.E) A) and D)
F) A) and B)

Question 4

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?

Accepted Answer

A)   the severity of injury from the falsehood
B)   the remoteness of the damages
C)   the severity of the defamation
D)   the foreseeability of the damagesE) A) and C)
F) B) and C)

Question 5

The general rule with respect to occupier's liability for responsibility to a licensee is for the occupier to make the licensee aware of any unusual danger of which the occupier is aware.

Accepted Answer

A) True 
 B)False

Question 6

The main tort actions arising from occupation of property relate to passing off,injurious falsehood,and deceit.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A)   punitive damages
B)   special damages
C)   general damages
D)   exemplary damagesE) All of the above
F) B) and D)

Question 8

A politician wrongfully accused another politician of election fraud during question period in the provincial legislature.What defence might the offending politician raise in the event she is sued for defamation?

Accepted Answer

A)   absolute privilege
B)   justification
C)   fair comment
D)   qualified privilegeE) A) and D)
F) None of the above

Question 9

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?

Accepted Answer

A)   to allow the usher to point out the exclusion of warranty
B)   so she could be ushered to the correct seat
C)   so she could confirm entry for the spectators' benefit
D)   to show she had paid for the right to enter the premisesE) A) and B)
F) A) and C)

Question 10

What is a distinguishing characteristic of the tort of battery?

Accepted Answer

A)   It requires the plaintiff to prove harm.
B)   It only requires offensive physical contact.
C)   It requires proof of intent to harm.
D)   It is an indictable offence.E) A) and B)
F) A) and C)

Question 11

What is the common term for publishing a defamatory statement?

Accepted Answer

A)   defamation
B)   fair comment
C)   libel
D)   slanderE) A) and B)
F) C) and D)

Question 12

Which statement best describes an occupier under occupier's liability law?

Accepted Answer

A)   An occupier must have sole control over the condition of the premises.
B)   The owner of a property will always be an occupier of that property.
C)   A temporary provider of services on premises cannot be an occupier.
D)   It is possible to have more than one occupier of land or a building.E) B) and C)
F) A) and D)

Question 13

Jordan was seriously injured while trespassing on an abandoned industrial site.He had been exploring an abandoned building when part of a structure gave way under his weight.Why might Jordan's lawsuit against the site's owner fail?

Accepted Answer

A)   because an injured trespasser cannot sue an occupier
B)   because the site owner did not intentionally or recklessly cause Jordan's injury
C)   because Jordan was only a licensee and not an invitee
D)   because the site owner had posted a sign prohibiting trespassers from entering the propertyE) None of the above
F) All of the above

Question 14

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

Accepted Answer

A)   qualified privilege
B)   injurious falsehood
C)   fair comment
D)   defamationE) A) and B)
F) A) and C)

Question 15

Describe the questions that should be included in an occupier's liability risk management plan.

Accepted Answer

An occupier's liability risk management ...

Exam 12: Other Torts

Correct Answer
verified

A politician wrongfully accused another politician of election fraud during question period in the provincial legislature.What defence might the offending politician raise in the event she is sued for defamation?

Correct Answer
verified

Describe the questions that should be included in an occupier's liability risk management plan.

Correct Answer
verified
An occupier's liability risk management ...
View Answer

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?

Correct Answer
verified

What is the common term for publishing a defamatory statement?

Correct Answer
verified

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

Correct Answer
verified

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

Correct Answer
verified

Which statement best describes an occupier under occupier's liability law?

Correct Answer
verified

The main tort actions arising from occupation of property relate to passing off,injurious falsehood,and deceit.

Correct Answer
verified

Which of the following is an example of an interest that is not protected by the tort of nuisance?

Correct Answer
verified

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?

Correct Answer
verified

Jordan was seriously injured while trespassing on an abandoned industrial site.He had been exploring an abandoned building when part of a structure gave way under his weight.Why might Jordan's lawsuit against the site's owner fail?

Correct Answer
verified

What is a distinguishing characteristic of the tort of battery?

Correct Answer
verified

The general rule with respect to occupier's liability for responsibility to a licensee is for the occupier to make the licensee aware of any unusual danger of which the occupier is aware.

Correct Answer
verified

Identify and describe the questions that would be considered appropriate for inclusion in a risk management list of questions for use by a business that designs and creates consumer goods.

Correct Answer
verified
An appropriate risk management list of q...
View Answer

Exam 12: Other Torts

Correct AnswerverifiedShow Answer

A politician wrongfully accused another politician of election fraud during question period in the provincial legislature.What defence might the offending politician raise in the event she is sued for defamation?

Correct AnswerverifiedShow Answer

Describe the questions that should be included in an occupier's liability risk management plan.

Correct AnswerverifiedAn occupier's liability risk management ...View AnswerShow Answer

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?

Correct AnswerverifiedShow Answer

What is the common term for publishing a defamatory statement?

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Which statement best describes an occupier under occupier's liability law?

Correct AnswerverifiedShow Answer

The main tort actions arising from occupation of property relate to passing off,injurious falsehood,and deceit.

Correct AnswerverifiedShow Answer

Which of the following is an example of an interest that is not protected by the tort of nuisance?

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Jordan was seriously injured while trespassing on an abandoned industrial site.He had been exploring an abandoned building when part of a structure gave way under his weight.Why might Jordan's lawsuit against the site's owner fail?

Correct AnswerverifiedShow Answer

What is a distinguishing characteristic of the tort of battery?

Correct AnswerverifiedShow Answer

The general rule with respect to occupier's liability for responsibility to a licensee is for the occupier to make the licensee aware of any unusual danger of which the occupier is aware.

Correct AnswerverifiedShow Answer

Identify and describe the questions that would be considered appropriate for inclusion in a risk management list of questions for use by a business that designs and creates consumer goods.

Correct AnswerverifiedAn appropriate risk management list of q...View AnswerShow Answer

Correct Answer
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Correct Answer
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Correct Answer
verified
An occupier's liability risk management ...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
verified

Correct Answer
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Correct Answer
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An appropriate risk management list of q...
View Answer