Question 1

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"?

Accepted Answer

A duty owed to a contractual entrant implies a higher standard of care, similar to a warranty that the premises are as safe as reasonable care and skill can make them.

Question 2

Which statement best describes the legislative purpose of occupier's liability legislation?

Accepted Answer

Occupier's liability legislation imposes a generalized duty of care on occupiers of premises towards those who enter their premises. This duty is based on the "neighbour" principle, which requires individuals to take reasonable care to avoid acts or omissions which can foreseeably injure their "neighbours" - those persons who are so closely and directly affected by one's actions that one ought reasonably to have them in contemplation. This principle is broader and more inclusive than distinguishing classes of occupiers or specifying duties only towards children or in ensuring the utmost safety, which may not be practically achievable in all circumstances.

Question 3

Foodworks Grocers is concerned about customer "slips and falls" and has a maintenance schedule that requires employees to conduct inspections of its produce area every 30 minutes for spills.How will this schedule impact Foodworks in relation to its duties as an occupier of the premises?

Accepted Answer

The adherence to a regular maintenance and inspection schedule demonstrates Foodworks' effort to fulfill its duty of care towards its customers by actively working to prevent accidents. This can be a significant factor in defending against claims of negligence, as it shows a proactive approach to safety.

Question 4

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?

Accepted Answer

The answer of Roger's soccer team completed the entry form...

Question 5

What is a distinguishing characteristic of the tort of passing off?

Accepted Answer

Passing off requires that the plaintiff's goods or services have acquired goodwill or reputation in the market, which the defendant is alleged to misrepresent as their own. This misrepresentation leads the public to believe that the defendant's goods or services are the plaintiff's. Unlike some other torts, passing off does not require the plaintiff to have a registered trademark, nor does it hinge on the defendant's intent or strict liability principles.

Question 6

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

Richard may still sue for false imprisonment because the coercion by the security guard made his compliance involuntary, fitting the criteria for false imprisonment despite the lack of physical restraint.

Question 7

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

Accepted Answer

The concept of occupier's liability recognizes that there can be multiple parties who have control over the condition and use of premises, thus allowing for the possibility of more than one occupier. This acknowledges the complexity of property rights and usage, especially in commercial or shared spaces.

Question 8

Symmetry Construction is installing pilings for the foundation of a new building it has been hired to construct.The noise emitted by the pile driver can be heard for several blocks.Why is a lawsuit against Symmetry for the tort of nuisance likely to be unsuccessful?

Accepted Answer

The disturbance is temporary, and temporary disturbances are less likely to be considered a nuisance in legal terms.

Question 9

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?

Accepted Answer

Legislation on occupiers' liability typically requires occupiers to avoid creating situations that could deliberately cause danger or harm to others, including those who enter their premises. This is a fundamental aspect of ensuring safety and preventing intentional or negligent harm.

Question 10

Delwin hosted a family reunion at his home which was attended by over 40 relatives,some of whom parked in a church parking lot across from Delwin's home.What tort might Delwin's family members have committed by parking in the church parking lot?

Accepted Answer

Trespass is the correct answer because it involves entering or using someone else's property without permission. Parking in the church parking lot without permission constitutes trespass.

Question 11

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?

Accepted Answer

Occupiers' liability laws typically distinguish between different classes of visitors (such as invitees, licensees, and trespassers), with each class being owed a different standard of care. This is a key feature that Martina would likely stress to improve awareness of the legal risks associated with occupiers' liability.

Question 12

Jarvis Holdings Inc.owns an office building in which it occupies half of the building but leases the other half of the building to a tenant.Who is the occupier of the building?

Accepted Answer

Jarvis occupies the space it uses and controls, making it an occupier of that portion, while the tenant, having control over the leased premises, is considered the occupier of that area.

Question 13

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?

Accepted Answer

Flying pucks are a well-known hazard at hockey games, and courts often find that arenas and clubs have a duty to anticipate such dangers and take reasonable measures to protect spectators. This classification could undermine the defense by emphasizing the responsibility of the venue to safeguard against known risks.

Question 14

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

Accepted Answer

The right to sunlight is not typically protected by the tort of nuisance. Nuisance generally covers interference with the use and enjoyment of land, such as excessive noise, odors, or vibrations, but not the obstruction of sunlight.

Question 15

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 argument most likely offers the strongest support for the claim for damages he is presenting to the court?

Accepted Answer

The strongest argument for a claim of damages due to negligence is that the promoter failed to provide a safe environment. This directly relates to the duty of care owed by the promoter to the attendees, and a breach of this duty can lead to liability for any resulting injuries.

Question 16

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?

Accepted Answer

Hakim has been named as a defendant because the law often holds pet owners responsible for their pets' actions, especially if the owner's actions (such as releasing the dogs knowing there was a trespasser) could be seen as reckless disregard for the safety of others, including trespassers.

Question 17

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

Accepted Answer

The recent modification to the general rule regarding occupiers' responsibilities to licensees is that liability now arises from having reason to know about unusual dangers, not just from actual awareness. This expands the scope of potential liability by requiring occupiers to be more proactive in identifying and addressing hazards.

Question 18

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?

Accepted Answer

Occupiers' liability is the most applicable tort in this scenario because it deals with injuries caused by the unsafe condition of premises (or property) owned or occupied by someone else. The bank, as the occupier of the building, has a duty to ensure that the property is safe for those who enter it, including protecting them from hazards such as maintenance equipment left in a dangerous position.

Question 19

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

The site owner did not intentionally or recklessly cause Jordan's injury, which is typically required for a trespasser to successfully sue for injuries.

Question 20

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

Roslyn had to show her ticket to prove she had paid for the right to enter the premises, as the ticket serves as proof of purchase and entry authorization.

Quiz 12: Other Torts