Question 1

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the cartoonist because cartoons are exempt from the defamation laws.

Accepted Answer

Cartoons, like any other form of expression, can be subject to defamation laws if they falsely depict someone in a way that damages their reputation. The fact that it's a cartoon does not exempt it from being potentially defamatory.

Question 2

Jim applied for a position with the city's public works department that he had seen advertised in the local newspaper. The advertisement specifically requested experience with heavy machinery, which would be used on a daily basis in this job. Jim did not know how to operate any of the machinery, and in fact, he did not have a valid driver's licence. On his first day at the job Jim caused an accident that will cost the city greatly. Jim's action would constitute deceit under tort law.

Accepted Answer

Jim misrepresented his ability to operate heavy machinery, which is a material fact for the job he was hired for, leading to an accident. This misrepresentation can be considered deceit under tort law as it caused harm due to reliance on false information.

Question 3

At a meeting of a local business club, someone voiced the opinion that the law interferes in business matters too much, and we would all be better off without it. A discussion ensued. Describe, with some examples, what you would say to demonstrate that the legal limitations on the freedom of businesspeople to operate can act to protect the honest businessperson.

Accepted Answer

The answer of At a meeting of a local business...

Question 4

Mr. and Mrs. Lacroix purchased a fireplace insert from Dan's Hearth Shop. Dan's was the only local distributor and installer of such units in the town in which the Lacroix's lived. Dan's supplied the unit with the requisite chimney pieces and also performed the installation. Within a month, the Lacroix's revisited Dan's shop to complain about the performance of the fireplace. In particular, they complained that the unit was prone to chimney fires. Dan came to the Lacroix's home to inspect the unit but could not find any evidence of chimney fires. He further advised the Lacroix's to burn only dry wood in the insert and to have the chimney cleaned.
On several other occasions, the Lacroix's complained to Dan about chimney fires and eventually demanded their money back. Dan refused, and claimed that the fault was not in the fireplace but in the Lacroix's failure to operate it properly and to have the chimney cleaned.
The following week Mrs. Lacroix placed the following advertisement in the local newspaper:
'FIREPLACE INSERT - Comes equipped with rusting steel flue connector. Locally purchased, installed by local vendor, used only 3 months. Poor quality material and workmanship. Has proven record of chimney fires. Brass kettle will be thrown in. Phone 97-62734 after 5 p.m.'
Discuss the arguments which both sides might raise if Dan's Hearth Shop took legal action against the Lacroix's. Render a decision.
C.C.L.T. 37 (B.C.S.C.), this case examines both the torts of libel and slander of goods. Dan's arguments will point out that the Lacroix's language in the advertisement made it clear that they were less interested in selling the fireplace than in publicising its allegedly dangerous deficiencies and the poor quality of material and workmanship of the "local vendor" who installed it. Any reasonable person reading the advertisement would conclude that it referred to Dan and was maliciously intended to injure the reputation of his business
Dan may further argue that the untrue statements made by the Lacroixes concerning his goods and business practices constitute slander of goods (as they may be highly injurious to his business).
The Lacroixes in their defence may argue that the truth of their statements is a full defence to Dan's claims or, at least, that the statements were made on facts which they believed to be true. As such there is neither libel nor slander of goods but rather, a fair statement regarding their experience with Dan.
The court in its decision held on the basis of other facts that there was insufficient evidence suggesting that the average reader would interpret the advertisement as referring to the plaintiff's business.

Accepted Answer

The answer of Mr. and Mrs. Lacroix purchased a fireplace...

Question 5

Peter, a professional water skier, was very prominent in his field, having won numerous international championships prior to turning professional. As part of his work he was himself actively involved in promoting and marketing his name and reputation for commercial benefits.
Waterski Summer Camps Inc. operated a summer camp for children at which water-skiing was a central part of its camp program. In February, the camp hired ABC Advertising Co. to prepare promotional material for the summer camp. At this time, it attempted to engage Peter to promote and participate in the summer camp. However, due to other engagements and a busy summer work schedule, Peter refused.
In connection with Peter's promotional activities he frequently used a famous photograph of himself skiing. ABC Advertising prepared without Peter's consent a live drawing stylisation of this photograph. There was a striking similarity between the drawing and the well-known photograph of Peter. It used the drawing in a pamphlet and advertisement prepared to promote the camp. The camp's general manager approved the use of the drawings in the advertising material.
When Peter discovered the drawing, he confronted the camp about its use. The manager stated that the camp did not intend to represent Peter in the drawing, rather to convey the impression of water-skiing. Peter instituted legal proceedings against the camp and the advertising company. Discuss the basis of his claim and the arguments he may use.
C.C.L.T. 20 (Ont. S.C.)
The plaintiff's action is based in the tort of slander of title, more particularly, in passing-off and the wrongful appropriation of his personality or image. He may argue that the unauthorized use of the drawing by the camp was a deliberate attempt to market him as promoting and participating in the camp, thus creating confusion between the camp's business and the plaintiff's business. The camp was, in fact, attempting to convey to potential customers that Peter was associated with it and was thereby, trading on the goodwill and reputation he had built up for himself by pursuing his own commercial promotion. Moreover, he was the rightful owner of his own image which could not lawfully be employed without his consent.
At trial, the court held that on the balance of probabilities the use of the drawing would not confuse that segment of the public likely to read the brochure between the business of the camp and that of the plaintiff. Nor could any harm to the plaintiff's image be shown. Therefore, the claim for passing-off failed. The claim for misappropriation of personality succeeded, as the plaintiff's exclusive proprietary right to market his personality for gain had been interfered with by the camp.

Accepted Answer

The answer of Peter, a professional water skier, was very...

Question 6

In the Common Law provinces, the limitation period for commencing legal action against governments is set by specific statutes and is usually very short (days or months); but in Quebec, it is even shorter.

Accepted Answer

In Quebec, which operates under a Civil Law system, the limitation periods for commencing legal action, including those against the government, are generally set by the Civil Code of Quebec and are not necessarily shorter than those in Common Law provinces, where limitation periods are set by specific statutes. The actual duration of these periods can vary based on the type of claim and other factors, but there is no blanket rule that Quebec's periods are shorter.

Question 7

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the publisher of the newspaper because cartoons are exempt from the defamation laws.

Accepted Answer

Cartoons, like any other form of expression, can be subject to defamation laws if they falsely depict someone in a way that damages their reputation. The fact that the statement is made through a cartoon does not exempt it from being defamatory.

Question 8

As you exit a shopping mall you accidentally run into another person and knock her down. As she leaps to her feet you begin to exchange words that escalate, and you find yourself in physical struggle with the other person. After receiving several blows from her you retaliate by striking her on the head with your umbrella, knocking her unconscious and producing a large gash on her head. Discuss the principles of assault and battery as well as self-defence and what actions constitute each by defining them. Write a short decision on this case based on your knowledge and definition of the principles.

Accepted Answer

The answer of As you exit a shopping mall you...

Question 9

The rising issue of Internet defamation does not change the principles of Common Law surrounding defamation: published slander (libel), whose untruth is given wide circulation as fact, resulting in injury to the victim's reputation.

Accepted Answer

The principles of Common Law surrounding defamation, which include the publication of false statements that cause harm to someone's reputation, remain applicable in the context of Internet defamation. The medium through which the defamation occurs (online versus traditional forms) does not change these foundational principles.

Question 10

From a legal perspective discuss those aspects of designing a marketing strategy which a business must keep in mind.

Accepted Answer

The answer of From a legal perspective discuss those aspects...

Question 11

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The newspaper could successfully defend any action taken by the entrepreneur by invoking fair comment.

Accepted Answer

The answer of A newspaper cartoon depicted a well-known international...

Question 12

The Patins had been transferred to a new city and had to sell their home before leaving. They received a full price offer which included a warranty that the home had not been insulated with urea formaldehyde. Shortly before closing, the purchasers came by the home to measure the attic opening and discovered that the home was, in fact, insulated with urea formaldehyde. This was unknown to the Patins who had not asked or obtained a warranty when they purchased the home from a construction company several years before. As a result, the purchasers refused to buy the home and the Patins were forced to delay their move and incur considerable expense. The Patins sued the construction company for deceit, claiming that it had induced them to purchase that home but had kept the existence of the insulation secret. The Patins had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties which were not expressly stated in the agreement. Discuss the nature of the Patins' claim and the defences, if any, which might be raised. What would be the likely outcome?

Accepted Answer

The answer of The Patins had been transferred to a...

Question 13

You run a large and lucrative bar and restaurant, and you have just hired a new bouncer. You have explained to him that it is always best to be friendly and to calm angry patrons. Describe to him how far he can go to protect himself if attacked, and why he must learn to control himself when provoked. Explain also how his behaviour, if he assaults a patron, could affect you.

Accepted Answer

The answer of You run a large and lucrative bar...

Question 14

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." Defamation may take the form of either libel or slander.

Accepted Answer

Defamation can occur in two forms: libel, which is written defamation, and slander, which is spoken defamation. The described cartoon would be considered libel since it is a published visual depiction that harms the entrepreneur's reputation.

Quiz 4: Intentional Torts