Question 1

Dylan committed the tort of deceit against Hilary.He tricked her into investing $5000 in his business.If his statement had been true,her investment would now be worth $8000.However,because his statement was untrue,her investment has fallen in value to $4000.How much will Hilary probably receive in compensatory damages?

Accepted Answer

Compensatory damages aim to put the injured party in the position they would have been in if the tort had not occurred. Since Hilary's loss is the difference between her investment's actual value ($4000) and what it would have been without the deceit ($5000), she would likely receive $1000 in compensatory damages.

Question 2

Isaac lives next door to Gabrielle.He operates a gun shop and firing range on his property.Gabrielle complains that Isaac's business creates a nuisance.In deciding whether or not Isaac's use of his own land is unreasonable,a court would be most influenced by which of the following factors?

Accepted Answer

The fact that bullets from the firing range occasionally shoot across Gabrielle's land is a significant factor in determining whether or not Isaac's use of his own land is unreasonable. This poses a potential danger to Gabrielle and her property, which cannot be ignored. Factors such as profitability, time of day, number of employees, or Isaac's criminal record are not relevant in assessing the reasonableness of the use of his land.

Question 3

Rex has sued Regina for the tort of Rylands v Fletcher.To succeed in that claim,he will be required to prove that

Accepted Answer

The tort of Rylands v Fletcher requires the plaintiff to prove that they suffered some injury or loss from an escape of something from the defendant's land which escape resulted from the non-natural use of the land by the defendant. The other choices are not necessary for this particular tort.

Question 4

Which of the following statements is TRUE with respect to the tort of conspiracy?

Accepted Answer

In a conspiracy to commit a lawful act, it is harder to establish liability because proof is required that the primary purpose of the conspiracy was to harm the plaintiff. In contrast, in a conspiracy to commit an unlawful act, the fact of the conspiracy is sufficient to establish liability. Therefore, statement C is true, whereas the other statements are false.

Question 5

Bryce consistently commits the tort of nuisance against Aaliyah.She wants an injunction to stop him from doing so.Which of the following statements is TRUE?

Accepted Answer

The correct statement is that a court may grant an injunction, but it is a discretionary remedy. This means that the court will consider various factors such as the severity and frequency of the nuisance, the harm caused to Aaliyah, and potential harm to Bryce's interests before deciding whether to grant an injunction. Aaliyah can also receive compensatory damages in addition to an injunction if she can prove that she suffered financial loss or other harm due to Bryce's nuisance. Lastly, an injunction may be granted even if there is no physical damage to Aaliyah's property, as long as Bryce's actions interfere with her use and enjoyment of the property.

Question 6

Miguel and Caitlin own competing computer software companies.The success of Caitlin's business was due largely to the work of her chief designer,Mia.During a recent party,Miguel asked Mia if she was happy working for Caitlin.Mia answered,"It's okay,I guess." Miguel then spent the next hour explaining to Mia how she would earn a great deal more money,and how she would be involved in much more interesting projects,if she worked for him instead.Which of the following statements is most likely TRUE?

Accepted Answer

Option A is incorrect because Miguel cannot be liable for tortious interference with contractual relations unless he intentionally induced Mia to breach her contract with Caitlin. Option B is incorrect because if Mia joins Connor's company with no coercion or inducement, there will be no cause of action against Connor. Option C is the correct answer as Connor cannot be held liable if he did not actually persuade Mia to leave Caitlin's employment and provided her with information about his organization. Option D is incorrect because tortious interference with contractual relations is a separate and distinct cause of action and does not require the commission of any other offense. Option E is incorrect because punitive damages require a finding of malice, fraud or oppression on the part of the tortfeasor, which is not the case here.

Question 7

Generally speaking,there are three sets of rules for the tort of occupiers' liability: the traditional common law rules,the judicially modified common law rules,and the statutory rules.Which of the following statements is TRUE?

Accepted Answer

Under the judicially modified common law rules, an occupier must take reasonable care to protect both invitees (those who come onto the premises for the occupier's economic benefit) and licensees (those who come onto the premises with the occupier's express or implied permission) from foreseeable harm. This duty includes protecting them from unusual dangers.

Question 8

Faith lives next door to Alphonse.He has sued her for committing the tort of nuisance.Which of the following statements is TRUE?

Accepted Answer

Alphonse's claim will fail if Faith can prove that he consented to her activities or even encouraged them. This is because in nuisance, the plaintiff must show that the defendant's actions caused an unreasonable interference with their use and enjoyment of their land. However, if the plaintiff consented to the defendant's actions, then this can be a defense to the claim.

Question 9

Winona has sued Ramon for the tort of Rylands v Fletcher.The court will impose liability if

Accepted Answer

The tort of Rylands v Fletcher imposes strict liability for harm caused by non-natural use of land, regardless of the care taken by the defendant.

Question 10

Generally speaking,there are three sets of rules for the tort of occupiers' liability: the traditional common law rules,the judicially modified common law rules,and the statutory rules.The concept of common humanity is relevant if the plaintiff is

Accepted Answer

The answer of Generally speaking,there are three sets of rules...

Question 11

The rules that apply under occupiers' liability statutes are different from the traditional common law rules in a number of ways.Which of the following statements is TRUE?

Accepted Answer

Under occupiers' liability statutes, an occupier may now be held liable for the activities of a third party on the property, which is not generally the case under traditional common law rules. This is because the statutory rules impose a higher duty of care on occupiers. The other statements are false. Renters can be considered occupiers under both the statutory and traditional rules, a landlord can still be held liable for premises occupied exclusively by a tenant under the statutory rules if they fail to maintain the property, the reason for the plaintiff's presence is relevant under both sets of rules, and the statutory rules vary by province as they are enacted by provincial legislatures.

Question 12

The Northwest Utility Co (NUC)received statutory permission from the government to lay electrical cables under residential properties.Ariana suffered severe injuries when she struck a buried cable while gardening.If Ariana sues for the tort of nuisance,NUC will be able to avoid liability on the basis of the defence of statutory authority

Accepted Answer

The defence of statutory authority is not absolute. NUC can only avoid liability if it can prove that the nuisance was the inevitable result of performing the statutorily authorized activity. In other words, there was no reasonable alternative to laying the cables under the residential properties. If the nuisance was merely probable or reasonably foreseeable, NUC cannot rely on this defence. Additionally, the defence does not require Ariana to have knowledge of the statute when she was injured.

Question 13

Brandon intended to start a new company.He issued a public statement regarding the proposed business venture.That document contained a false statement to the effect that Brandon had received government authorization to use nuclear power for his venture.In fact,authorization had not yet been granted and,indeed,was eventually refused.After reading Brandon's public statement,Abigail invested in the company.She later lost her investment when the company folded.She then sued Brandon for the tort of deceit.Which of the following statements is TRUE?

Accepted Answer

In the tort of deceit, the plaintiff is entitled to be put in the position they would have been in had the deceit not occurred, rather than receiving the value of what was falsely promised.

Question 14

Jasmine operated a small chalet in a mountain region.Isaiah rented one of her rooms for the night.Under the traditional common law rules regarding the tort of occupiers' liability,he would best be classified as

Accepted Answer

Under traditional common law rules, a contractual entrant is someone who enters premises under a contract, such as a paying guest at a hotel or chalet. Isaiah, having rented a room, fits this classification.

Question 15

Cornelius recklessly stored a large box of fireworks on his residential property.The fireworks ignited when he carelessly threw a cigarette on them.Some of the fireworks shot off his property and struck a neighbouring house,which belonged to Cherilyn.Cherilyn's house was badly damaged by fire.Although she could not,of course,recover compensation more than once for the same loss,she would probably be able to successfully sue Cornelius in tort for

Accepted Answer

Cherilyn can sue Cornelius under Rylands v Fletcher for bringing a dangerous thing onto his land that escaped and caused damage, and under nuisance for the interference with her enjoyment of her property. Occupiers' liability does not apply as it concerns harm to visitors on the occupier's land, not damage to neighboring properties.

Question 16

Ethan lives next door to Destiny.Which of the following activities might be considered a non-intrusive nuisance?

Accepted Answer

The answer of Ethan lives next door to Destiny.Which of...

Question 17

Which of the following statements is TRUE with respect to the tort of interference with contractual relations?

Accepted Answer

The tort of interference with contractual relations requires that the defendant's actions caused a breach of contract. Therefore, liability will only be imposed if the defendant's actions actually resulted in a breach of the contractual relationship. The other statements are false - liability can be imposed even if the defendant was not a party to the contract, did not intend to hurt the plaintiff, did not commit a crime, or is not held liable for breach of contract.

Question 18

Alejandro and Chloe were involved in negotiations for the purchase and sale of her business.She may be held liable for the tort of deceit if

Accepted Answer

This scenario involves Chloe knowingly providing false information to Alejandro, which he relied upon in making a decision regarding the purchase of her business. This meets the elements of the tort of deceit, which requires that (1) the defendant made a false representation, (2) the defendant knew or believed the representation to be false or made it recklessly, without knowing whether it was true or false, (3) the defendant intended to induce the plaintiff to act or refrain from acting on the representation, (4) the plaintiff relied on the representation, and (5) the plaintiff suffered damage as a result of that reliance.

Option A meets all of these elements, as Chloe made a false representation about the profitability of the business based on false information she knew to be false, with the intention of inducing Alejandro to purchase the business, and Alejandro relied on that false representation to his detriment. None of the other options involve Chloe knowingly providing false information, so they do not meet the requirements for the tort of deceit.

Question 19

Alpha Inc,Beta Inc,and Gamma Inc all produced and sold widgets.Alpha and Beta entered into an agreement that lasted for two years.Under that agreement,Alpha agreed to sell widgets only in the western provinces and Beta agreed to sell widgets only in the eastern provinces.The parties also agreed,for the two-year period,to sell their widgets for a price that was below their own costs.That agreement violated the Competition Act.As a result of the performance of that agreement,Gamma suffered enormous financial losses.Which of the following statements is TRUE?

Accepted Answer

Alpha and Beta may be held liable for the tort of conspiracy if they should have known that their agreement would cause Gamma to suffer a loss, regardless of their primary intention.

Question 20

Dakota sued Mariah for the tort of occupiers' liability in a jurisdiction that still used the traditional common law rules (as opposed to the judicially modified common law rules).The court held that Mariah was required to protect Dakota from unusual dangers that Mariah should have known about.It therefore is most likely that Dakota was classified as a

Accepted Answer

The traditional common law rules classify a visitor on land as either a trespasser, a licensee, or an invitee. The court's holding that Mariah had a duty to protect Dakota from unusual dangers indicates that Dakota was not a trespasser (who are typically owed no duty of care), but rather either a licensee or an invitee. Licensees are generally owed a duty of care with regards to any known dangerous condition on the land, while invitees are owed a higher duty of care with regards to both known and unknown dangerous conditions that the landowner reasonably should have known about. However, since the court specifically stated that Mariah was required to protect Dakota from "unusual" dangers, and not just any known dangers, it is most likely that Dakota was classified as an invitee.

Quiz 5: Miscellaneous Torts Affecting Business