Question 1

According to the case of 369413 Alberta Ltd.V.Pocklington,when a company breaches its contractual obligations and directors acts to further their own interests,damages may be awarded for

Accepted Answer

The case of 369413 Alberta Ltd. v. Pocklington involved the breach of a contractual obligation by a company and the directors of the company acting to further their own interests. The court held that damages could be awarded for inducing breach of contract, which is the act of intentionally causing a party to breach their contractual obligations. Therefore, the best choice in this case is A.

Question 2

In the case of Polar Ice Express Inc.v.Arctic Glacier Inc.what did the Court find?

Accepted Answer

The Court found that the plaintiff suffered an economic loss as a result of the defendant's actions, specifically the defendant's unfair competition practices. They were ordered to pay damages to the plaintiff.

Question 3

Interference with economic relations is actionable even where no breach of contract has taken place,but

Accepted Answer

Interference with economic relations is also known as intentional interference with economic relations. It is actionable if there is proof of intentional and unjustified interference with the economic relationship between two contracting parties, which results in economic harm. The harm can be financial, such as a decrease in sales, or it can be reputational, such as damage to a company's brand. Bribery or defamation are examples of unlawful conduct that could be associated with a claim of interference with economic relations.

Question 4

Azar had been working for the Burger Noble for a number of years,most recently under Lai,the latest in a series of managers.Azar became ill and had to take repeated sick days to rest and to attend appointments with various specialists.It became impossible for Azar to continue working there,and Lai gave her notice of termination.While Azar was working the last days of her notice period,Lai continued to harass her over and over again for her previous absences.Lai could face an action for

Accepted Answer

Lai's actions of harassing Azar repeatedly for her previous absences while she was working her notice period can be considered intentional infliction of mental suffering. This is because Lai's conduct was extreme and outrageous and caused Azar severe emotional distress.

Question 5

The federal government's Personal Information Protection and Electronic Documents Act

Accepted Answer

The Personal Information Protection and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province. This means that provinces can pass their own privacy laws as long as they provide similar protection to the federal law.

Question 6

Which of the following is true in respect of privacy law in Canada?

Accepted Answer

Organizations in the private sector are subject to legislated responsibilities with respect to the personal information they collect under federal privacy legislation, including the Personal Information Protection and Electronic Documents Act (PIPEDA). Common law also provides some protection for privacy, but it is not the primary source of privacy law in Canada. The power to enact privacy legislation has not been exclusively granted to the federal government, as some provincial governments have their own privacy legislation. Privacy laws are not considered unnecessary, as evidenced by the existence of PIPEDA and provincial privacy legislation. PIPEDA is designed to regulate both the public and private sector in their collection, use, and disclosure of personal information.

Question 7

The tort of deceit involves

Accepted Answer

The tort of deceit is related to fraud and intentional misleading of another person which results in damage. The other options mentioned in the question are related to different torts such as negligent misstatement (A), abuse of process (B), conversion (D), and passing off (E).

Question 8

Where two or more persons act together using unlawful means to hurt the business interests of another,this is referred to as the tort of

Accepted Answer

This scenario describes the tort of conspiracy to injure, as two or more persons are acting together to harm the business interests of another through unlawful means. Malicious prosecution involves the wrongful initiation of legal proceedings, deceit involves intentional deception, conversion involves the wrongful taking of another's property, and intentional infliction of mental suffering involves extreme and outrageous conduct causing severe emotional distress.

Question 9

Until recently,there was no tort of invasion of privacy in common law,but in at least one province,an American legal concept was imported and adopted as a privacy tort.This tort is known as

Accepted Answer

The adopted privacy tort in at least one province is intrusion upon seclusion. This tort involves intentionally and unreasonably intruding upon an individual's solitude or private affairs.

Question 10

Marco 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 his items.Why is this not a good idea?

Accepted Answer

The act of putting a different label on a product and passing it off as a well-known brand is known as passing off. This is an illegal act that can lead to the original brand suing for infringement of their intellectual property rights.

Question 11

A civil court can assess only compensation and not punitive damages.

Accepted Answer

While a civil court can assess compensation for damages suffered, it can also award punitive damages in cases where there has been egregious conduct or recklessness by the defendant.

Question 12

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd.v.Traber involves a breach of confidentiality.What does this case illustrate?

Accepted Answer

The case of Walter Stewart Realty Ltd. v. Traber illustrates that a breach of confidence can occur not just through the conveying of confidential information to someone else, but also through the inappropriate use of such information for one's own purposes. This means that if someone has been entrusted with confidential information, they have a duty to keep it confidential and not use it in any way that would be detrimental to the person or entity that provided it.

Question 13

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

Accepted Answer

The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal legislation that governs how private sector organizations collect, use, and disclose personal information in Canada. PIPEDA applies to organizations engaged in commercial activities that collect, use or disclose personal information in the course of their business.

Question 14

Which of the following statements regarding privacy law is false?

Accepted Answer

Self-regulation has not proven most effective in the area of privacy law. In fact, many privacy advocates argue that self-regulation is not sufficient and that there needs to be stronger legal protections for individuals' personal information.

Question 15

Businesses 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

Accepted Answer

Altercations with customers can result in actions against the business on the basis of vicarious liability, which holds employers responsible for the actions of their employees while carrying out their duties. It is important for businesses to have policies and procedures in place to prevent and manage such situations.

Question 16

Zoe 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?

Accepted Answer

Zoe shared confidential information with her lawyer and expected it to be kept confidential. Will breached this trust by sharing the recipe with his wife, who then used it in her restaurant. Zoe can sue for a breach of confidence as her lawyer has misused information of a confidential nature that was given to him in confidence.

Question 17

Invasion of a person's property may take the form of all of the following except

Accepted Answer

Detinue is a legal term referring to the wrongful withholding of someone else's property. While it may still be a violation of property rights, it is not a form of invasion in the sense of the other options listed, which all involve a violation of privacy or physical intrusion onto someone's property.

Question 18

Which of the following statements regarding inducing breach of contract is false?

Accepted Answer

Inducing breach of contract does not refer to the party who has contractually agreed to perform certain obligations and then fails to perform. It refers to the intentional act of persuading or inducing someone else to breach their existing contract.

Question 19

Where 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

Accepted Answer

Intimidation is a tort where someone forces a businessperson to do something that harms the business even by the threat of violence or some other illegal activity. Therefore, A) intimidation is the best choice. The other choices, such as deceit, injurious falsehood, conversion, and malicious prosecution, do not necessarily involve the threat of violence or illegal activity.

Question 20

All of the following are examples of unfair competition except

Accepted Answer

The act of intentionally lowering prices to compete with other businesses is a common and legal business practice. It is not considered unfair competition unless it is done with the intent of driving competitors out of business or to create a monopoly. The other options involve unethical and unfair tactics aimed at harming competitors, gaining confidential information, or misleading customers.

Quiz 4: Intentional Torts and Torts Impacting Business