Chapter 4: Intentional Torts

1. 1Which of the following best describes the primary purpose of tort law?

   1. Ato punish wrongdoers
   2. Bto compensate victims of wrongful conduct
   3. Cto ensure that contractual promises are kept
   4. Dto prevent crime
   5. Eto force people to do good (e.g., rescue those in trouble)
2. 2Mrs. 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?

   1. AA travel agent owes no duty of care to his customers.
   2. BThere could be a civil action against Mr. Tobin and against his employer, although the employer did no wrong.
   3. CMr. Tobin could sue for false imprisonment.
   4. DThere is no possibility of suing Mr. Tobin because he had no intention of hurting anyone; his oversight was just an accident.
   5. ELibel is the only tort available for persons injured by another's words.
3. 3Which of the following is true with regard to the torts of assault and battery?

   1. ABoth torts are "actionable per se"; that is, a person can successfully sue without having to prove damages.
   2. BThe 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.
   3. CA person will always succeed with the defence of self-defence even if he used excessive force.
   4. DAlthough assault and battery are often both present in an incident, it is technically possible to be assaulted without being battered.
   5. EFor consent to be an effective legal defence to a claim of battery, the person hit must have been surprised by the incident.
4. 4Which of the following is an intentional tort?

   1. ANegligence
   2. BFrustration
   3. CBreach of Contract
   4. DDefamation
   5. EDuress and Undue Influence
5. 5Clark 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 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 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.

   1. Aan action against Computerheaven Ltd. for the tort of defamation
   2. Ban action against Clark for the tort of negligence
   3. Can action for the tort of nuisance
   4. Dan action against Computerheaven Ltd. for the tort of battery
   5. Ean action against Computerheaven Ltd. for the tort of trespass
6. 6Read the following and indicate the true statement.

   1. AIf a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be negligence.
   2. BIf 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.
   3. CIf falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be breach of contract.
   4. DIf a person suffers damage because of wiring improperly installed by John for his employer, World Wires Ltd., only John could be sued for negligence
   5. EIf the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.
7. 7With regard to the law of tort, which of the following is false?

   1. AA 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.
   2. BAn act must be intentional to be classified as a tort.
   3. CAlthough 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.
   4. DAlthough 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.
   5. EIf 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.
8. 8When a court hears a breach of contract dispute, its job is to:

   1. Apunish the offender
   2. Bhelp the plaintiff
   3. Cprotect the state
   4. Dcompensate the victim of the breach
   5. Ereward the defendant
9. 9Which of the following is false with respect to the law of tort?

   1. AWith assault and battery, a person can successfully sue without having to prove damages.
   2. BA 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.
   3. CA person may not succeed with the defence of self-defence if he used excessive force.
   4. DA 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.
   5. EFor 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.
10. 10In 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?

    1. AThe owners of the house would have no civil action against the driver because no one was hurt
    2. BThe owners of the house could also proceed in a civil action against the driver for the tort of nuisance
    3. CThe owners of the house could also proceed in a civil action against the driver for the tort of negligence
    4. DThe 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.
    5. EThe driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.

11. 11A person could be liable for the tort of trespass:

    1. Afor leaving packages in the wrong person's garage.
    2. Bfor leaving the wrong packages in the right person's garage.
    3. Cfor sleeping in the garage with the owner's permission.
    4. Dfor accidentally knocking down the garage in a car out of control.
    5. Efor attending the "garage sale" at the designated time.
12. 12Which of the following incidents describes the legal meaning of the tort of assault (without battery)?

    1. AI accidentally drop a hammer on your foot.
    2. BWhen you are asleep in the house, I sneak up and throw a hammer through your garage window.
    3. CUnknown to you, I throw a hammer at your head but miss.
    4. DI come up from behind you without your seeing me and hit the back of your knees, causing you to fall down.
    5. EI throw a hammer at your head, but you see it coming and duck out of the way.
13. 13Although 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?

    1. ABoth Al and Ed could sue for assault and battery.
    2. BNeither Al nor Ed could sue because neither was confined in a closed space.
    3. CBoth Al and Ed could sue for the tort of false imprisonment because both had been falsely accused of committing a crime.
    4. DBoth Al and Ed could sue for the tort of false imprisonment because there had been no crime committed.
    5. EOnly Ed has a cause of action for false imprisonment (i.e., a legal right to sue).
14. 14The 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?

    1. ATechnically, M could sue Mr. C for libel.
    2. BMr. C's statement is defamatory by innuendo.
    3. CMr. C could successfully use the defence of qualified privilege.
    4. DMr. C could successfully use the defence of fair comment.
    5. EMr. C could be sued successfully for defamation even though the defamatory words were not written down.
15. 15Which 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.

    1. AMr. 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.
    2. BWhen 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.
    3. CA 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.
    4. DAn 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.
    5. EEd became sick from contaminated juice bought by his mother.
16. 16Which of the following actions constitutes an assault?

    1. Abumping into another in a crowded hallway
    2. Brude gesture from another motorist
    3. Ca bystander struck by a ball during a baseball game
    4. Dpointing an unloaded gun at another who does not know whether or not the gun is loaded
    5. Ea car accident where you are hit by an impaired driver
17. 17Read the following and indicate the false statement.

    1. AIf a person were given a blood transfusion after making it clear that she didn't want one, the cause of action would be defamation.
    2. BIf 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.
    3. CIf falling over boxes wrongfully left in his garage by a delivery company injured a person, the cause of action could be trespass.
    4. DIf 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.
    5. EIf the odour from a neighbour's smokehouse made it impossible for you to use your pool, the proper action is nuisance.
18. 18Until 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 ______________

    1. Adefamation
    2. Binvasion of privacy
    3. Cintrusion upon seclusion
    4. Dnuisance
    5. Einterference of privacy
19. 19Businesses 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

    1. Acan result in actions against the business on the basis of vicarious liability.
    2. Bmay be inconvenient, but do not expose the business to liability.
    3. Ccan lead to employees being held liable, but will not impact the business itself.
    4. Dare extremely rare and so are not worthy of concern.
    5. Eshould be ignored so as to avoid attracting liability.
20. 20Which of the following statements regarding inducing breach of contract is false?

    1. AInducing breach of contract usually involves an employer persuading an employee of another business to leave that employment and work for him or her.
    2. BInducing 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.
    3. CInducing breach of contract can be committed when a supplier is persuaded to abandon one customer in favour of another.
    4. DInducing breach of contract can be committed when a customer is persuaded to breach its contract with a competing supplier.
    5. EInducing breach of contract occurs when one party has contractually agreed to perform certain obligations, and then fails to perform.
21. 21All of the following are examples of unfair competition except:

    1. Aone business seeking confidential information from the employees of another.
    2. Bone business intentionally lowering its prices to encourage customers to purchase its products.
    3. Cintimidation to discourage someone from selling a product at a lower price.
    4. Done restaurant sending employees to the door of another to redirect customers to the first.
    5. Eintimidation to discourage someone from opening a business in a particular area.
22. 22Where 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:

    1. Aintimidation
    2. Bdeceit
    3. Cinjurious falsehood
    4. Dconversion
    5. Emalicious prosecution
23. 23The tort of deceit involves:

    1. Aa negligent misstatement by a professional.
    2. Buse of the criminal justice to improperly attack a competitor.
    3. Cthe fraudulent and intentional misleading of another person, causing damage.
    4. Dthe intentional misappropriation of the property of another.
    5. Emisleading the public as to the origin of a particular good.
24. 24Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of :

    1. Aconspiracy to injure.
    2. Bmalicious prosecution.
    3. Cdeceit.
    4. Dconversion.
    5. Eintentional infliction of mental suffering.
25. 25Intentionally appropriating the goods of another can give rise to an action in:

    1. Aconversion
    2. Bpassing-off
    3. Ctrade slander
    4. Dproduct defamation
    5. Edeceit
26. 26Conversion takes place in all of the following instances except:

    1. Aa person intentionally taking the goods of another person for her own purposes.
    2. Ba person stealing goods belonging to another.
    3. Ca person acquiring possession of goods through deceit and the goods being destroyed.
    4. Da person coming into possession of goods lawfully, but refusing to return them after a proper request.
    5. Ea person selling or wrongfully disposing of goods belonging to someone else.
27. 27Marco 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?

    1. AMarco could be sued for passing-off.
    2. BMarco could face an action in injurious falsehood.
    3. CMarco could be sued for a negligent misstatement.
    4. DMarco could face an action in conversion
    5. EMarco could be sued for trade slander.
28. 28Zoe 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?
    

    1. ABecause Will has misused information of a confidential nature that was given to him in confidence, Zoe can sue for a breach of confidence.
    2. BBecause Will only provided the information to his wife, the exchange is protected by spousal privilege.
    3. CBecause Will did not misuse the information himself, no action will result.
    4. DBecause a recipe cannot constitute confidential information, any action Zoe might bring would likely fail.
    5. EZoe cannot sue her own lawyer.
29. 29Which of the following is true in respect of privacy law in Canada?

    1. AOrganizations in the private sector are subject to legislated responsibilities with respect to the personal information they collect.
    2. BPrivacy protection is found primarily in the common law.
    3. CThe power to enact privacy legislation has been exclusively granted to the federal government.
    4. DPrivacy laws are generally considered unnecessary because voluntary privacy protection has been so successful.
    5. EThe Personal Information Protection and Electronic Documents Act is designed primarily to regulate the government in its collection, use and disclosure of personal information.
30. 30The federal legislation that regulates the collection and use of personal information in the private sector is known as the:

    1. APersonal Information Protection and Electronic Documents Act.
    2. BPrivacy Act.
    3. CPrivate Sector Privacy Act.
    4. DCode of Personal Information.
    5. EAct for the Protection of Private Information.

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Quiz am Chapter 4: Intentional Torts, erstellt von Erin Ball am 10/04/2017.

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