Question 1

Explain what is meant by punitive damages and when such remedies would be available in a tort action.

Accepted Answer

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Question 2

"In order for a person to successfully sue for an assault and battery,damage or injury must be demonstrated." Comment on the accuracy of that statement.

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Question 3

Distinguish a crime from a tort.

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Question 4

The tort of spoliation grants remedy where evidence has been destroyed.

Accepted Answer

The tort of spoliation allows for a remedy when evidence has been intentionally or negligently destroyed, altered, or lost by a party, potentially hindering a fair resolution to the case.

Question 5

Health information is not specifically protected by legislation in any province.

Accepted Answer

Health information is specifically protected by legislation in most provinces in Canada, such as the Personal Health Information Protection Act (PHIPA) in Ontario, the Personal Information Protection Act (PIPA) in British Columbia, and the Health Information Act (HIA) in Alberta.

Question 6

Distinguish between a tort and a breach of contract.

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Question 7

The term that is used in tort law to describe a situation where an employer is held responsible for the conduct of the employee is ________.

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Question 8

Violations of privacy occur when private information is exchanged in a commercial transaction over the Internet and then is used again even with consent.

Accepted Answer

Violations of privacy typically occur when private information is used without consent, not when it is used again with consent. Consent is a key factor in determining whether the use of private information is a violation of privacy.

Question 9

Employee surveillance may violate privacy rights and,depending on how the information is obtained and used,may also violate human rights legislation.

Accepted Answer

Employee surveillance can potentially infringe on an individual's right to privacy, which is protected by laws and regulations in many countries. Additionally, if the surveillance is carried out in a discriminatory or abusive manner, it could violate human rights legislation.

Question 10

The federal government's Personal Information and Electronic Documents Act applies in all provinces except where legislation that provides for equivalent protection has been passed by the province.

Accepted Answer

The statement is correct as per the provisions of Canada's Personal Information and Electronic Documents Act (PIPEDA). PIPEDA applies to all provinces and territories in Canada except for those that have their own substantially similar privacy legislation, such as Alberta, British Columbia and Quebec.

Question 11

Because the Internet is uncontrolled,tort law does not apply to online activities.

Accepted Answer

Tort law does apply to online activities, even though the internet is largely unregulated. Online activities can result in harm to individuals or businesses, and those harmed can seek legal recourse through tort law.

Question 12

Pursuant to privacy acts,remedies ranging from damages to injunctions and accounting for profits may be awarded.

Accepted Answer

Pursuant to privacy acts, remedies ranging from damages to injunctions and accounting for profits may be awarded.

Question 13

Explain what is meant by vicarious liability in the employment context.

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Question 14

Distinguish between assault and battery.

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Question 15

Explain the principle of vicarious liability and give an example.

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Question 16

Interference with economic relations can be actionable even if no breach of contract has taken place.

Accepted Answer

Interference with economic relations refers to intentional or negligent actions that disrupt or harm a business's relationships with its customers, suppliers, employees, or other business partners. This can include actions such as inducing a breach of contract or interfering with prospective economic advantages. In some cases, interference with economic relations may be actionable even if no actual breach of contract has occurred.

Question 17

The federal Privacy Act gives people the right to access their personal information held by government and government agencies and severely restricts how that information can be disseminated to others.

Accepted Answer

The statement correctly describes the provisions of the federal Privacy Act.

Question 18

Explain any limitation on the principle of vicarious liability in the employment context.

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Question 19

The Personal Information Protection and Electronic Documents Act (PIPEDA)is in force in all jurisdictions in Canada.

Accepted Answer

PIPEDA is in force in all provinces and territories in Canada that do not have their own privacy laws that are deemed substantially similar to PIPEDA. Quebec, British Columbia, and Alberta have their own privacy laws, and therefore PIPEDA does not apply to most private-sector organizations in these provinces.

Question 20

What is a tort?

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Quiz 4: Intentional Torts and Torts Impacting Business