Question 1

With respect to an actionable tort,the phrase "protect the reputation of individuals against unfounded and unjustified attacks" is synonymous with which of the following?

Accepted Answer

The phrase "protect the reputation of individuals against unfounded and unjustified attacks" is closely related to the tort of defamation, which involves making false and harmful statements about an individual that cause damage to their reputation. Therefore, option B is the best choice. The other options (A, C, and D) are related to different aspects of defamation law but do not capture the full meaning of the phrase in question.

Question 2

Which of the following is the common term for broadcasting a defamatory utterance?

Accepted Answer

Slander refers to the act of making a false spoken statement damaging to a person's reputation, which is a form of defamation.

Question 3

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

Accepted Answer

The answer of Why have governments introduced the concept of...

Question 4

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

Accepted Answer

Courts may classify flying pucks as a danger that clubs ought to anticipate, which could undermine the defense that the plaintiff was negligent in failing to keep a proper lookout.

Question 5

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

Accepted Answer

Punitive damages are awarded in cases where the defendant's conduct is found to be particularly reprehensible or oppressive, serving to punish the defendant and deter similar conduct in the future.

Question 6

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?

Accepted Answer

The answer of The court has determined that plaintiff's counsel...

Question 7

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?

Accepted Answer

False imprisonment is the intentional confinement or restraint of another person without justification or consent. Jameson was detained without justification for 20 minutes, which constitutes false imprisonment. The other torts listed do not apply to the scenario described.

Question 8

In a defamation action,which of the following would be most strongly supported by counsel's presentation to a court of evidence substantiating truth to a statement?

Accepted Answer

A complete defence, also known as a justification defence or truth defence, is based on showing that the allegedly defamatory statement is true or substantially true. Evidence substantiating truth to a statement would strongly support this defence. A qualified privilege would provide a lesser degree of protection, an absolute privilege would only apply in limited circumstances, and an opinion defence would not be relevant if the statement can be proven true.

Question 9

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

Accepted Answer

Section 494 of the Criminal Code typically provides the authority for a private person to arrest someone they find committing an indictable offense, which relates to the authority to detain.

Question 10

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 enjoyment of land,which of the following would a lawyer advising the farmers likely suggest as grounds for an actionable tort?

Accepted Answer

A lawyer advising the farmers would likely suggest a nuisance action on grounds of unreasonable and substantial interference. The contamination of the groundwater system with high levels of cyanide has had a significant impact on the dairy farmers' ability to use and enjoy their land, and this interference could be considered a nuisance. Additionally, the contamination is ongoing and not temporary, which strengthens the argument for a nuisance action.

Question 11

Misrepresentations causing loss are synonymous with which of the following?

Accepted Answer

Misrepresentations causing loss are often associated with reckless disregard for their truth, which means the person making the false statement knew or should have known that it was inaccurate and could cause harm. The other options, such as fraudulent use of dirty tricks, the tort of passing off, and an uncommon remedy in damages, are not synonymous with misrepresentations causing loss.

Question 12

Which of the following is the common term for publishing a defamatory statement?

Accepted Answer

Libel is the common term for publishing a defamatory statement in written or printed form, such as in newspapers, magazines, or online articles. Slander, on the other hand, refers to spoken defamatory statements. Defamation is the overarching term for both libel and slander. Fair comment is a legal defense used to protect statements made by individuals regarding matters of public interest or concern, which may otherwise be considered defamatory.

Question 13

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

Accepted Answer

An injunction restraining the offending activity and damages would be the most comprehensive remedy for a business experiencing harm from another's deceptive copying. The injunction would stop the offending activity, preventing further harm, while the award of damages would provide compensation for any losses that have already been suffered. This double remedy would provide the most complete and effective solution to the problem.

Question 14

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

Accepted Answer

The Supreme Court of Canada has explicitly stated that the reputation of a business and its expectation of patronage in the future is known as goodwill. Goodwill is a valuable intangible asset that reflects the established reputation of a business and its ability to generate profits. It is an essential element of a business's brand and can be a significant factor in determining its market value.

Question 15

With respect to court awards for damages arising from an actionable tort of interference with contractual relations,which of the following would a lawyer most likely identify as a distinguishing feature?

Accepted Answer

Exemption of personal service contracts from specific performance is a distinguishing feature of court awards for damages arising from an actionable tort of interference with contractual relations. This is because personal service contracts cannot be specifically enforced, meaning that the court cannot order the party who breached the contract to perform the promised services.

Question 16

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

Accepted Answer

The answer of Which of the following would,owing to inflexibility,be...

Question 17

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

Accepted Answer

Battery involves intentional contact with another person that is not consented to, but it does not require the contact to cause actual harm for the tort to be established.

Question 18

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

Accepted Answer

The circumstances described involve deliberate misrepresentations, which is a key element of the cause of action known as deceit. The award of damages further supports the conclusion that deceit was the cause of action. The other choices (B, C, and D) are not applicable based on the information provided.

Question 19

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?

Accepted Answer

In a claim for negligent breach of contract, the absence of a promise of absolute safety may be a successful defence. If the occupier did not explicitly promise to provide a completely safe environment for the spectator, and the injury suffered was not a result of a breach of a specific contractual obligation, then the occupier may be able to argue that they exercised reasonable caution and care. Choices A and B are not relevant to the defence of negligent breach of contract, and while volenti non fit injuria may be a defence in some circumstances, it is not specific to breach of contract claims.

Question 20

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

The answer of Which of the following would most likely...

Quiz 12: Other Torts