Question 1

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 a 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 2

Dennis is the owner of a successful real estate company.His agents are provided with vehicles so they can complete deals more efficiently.One of Dennis' employees takes poor care of his car and frequently produces mechanics' bills for repairs.The last bill stated that the car was no longer mechanically safe for the road.The employee,when confronted by Dennis with the threat of legal action if he did not repay the excessive maintenance costs for the car,was uncooperative.Shortly thereafter the car,occupied by the employee driver and a prospective buyer,skidded out of control,seriously injuring the client and destroying the vehicle.With Dennis facing legal action by the client,the employee showed no remorse,refused to compensate for any damages and again dismissed Dennis's threats of legal action.

Accepted Answer

The employee is liable for negligence due to poor maintenance, and Dennis may also be liable under vicarious liability as the employer.

Question 3

An engineer made a serious design error when designing a bridge.The bridge collapsed and a pedestrian who was crossing the bridge at the time was seriously injured.The pedestrian will be successful in a suit against the engineer in negligence if the engineer failed to meet the standard of the reasonable person when he designed the bridge.

Accepted Answer

The answer of An engineer made a serious design error...

Question 4

A defendant can receive damages as a result of a tortious act even though he or she may not have experienced any monetary loss.

Accepted Answer

This is true. In some cases, damages may be awarded for non-economic harm such as emotional distress or pain and suffering.

Question 5

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 6

Terri was injured by an exploding pop bottle.She lost time from work,for which she was not paid,and had to undergo several painful operations.Her right eye was badly damaged and she will loss the sight in it over the next few years.If she wins her case against the manufacturer of the pop bottle,she will be entitled to i)an injunction.
ii.nominal damages.
iii.punitive damages.
iv.special damages.
v.general damages.

Accepted Answer

Special damages compensate for quantifiable monetary losses like lost wages and medical expenses, while general damages compensate for non-monetary damages like pain and suffering or loss of sight.

Question 7

While at a baseball game one afternoon,Jack bought Mack a hot dog.When Mack bit into the hot dog he broke his tooth on a nail in it. i)Jack cannot sue the hot dog vendor for breach of contract.
ii.Mack can sue the hot dog vendor for breach of contract.
iii.Jack can sue the hot dog manufacturer under the tort of manufacturer's liability.
iv.Mack can sue the hot dog manufacturer under the tort of manufacturer's liability.
v.The hot dog manufacturer will be strictly liable for allowing an inherently dangerous hot dog to leave his property and injure Mack.
vi.Jack can sue for his emotional distress caused by the sight of blood coming from Mack's mouth.

Accepted Answer

Jack cannot sue the vendor for breach of contract because he was not the injured party. Mack can sue the manufacturer under the tort of manufacturer's liability because he was injured by the product.

Question 8

Jacqui and Penny decided to go into partnership in a small baseball equipment manufacturing firm.Jacqui raised $250,000 in start-up funds,in large part on the basis of documents that she forged.These documents purported to show that Jacqui and Penny owned their factory,when in fact they merely leased it.Jacqui spent all of the money on herself,and she now has no assets and has been jailed for 10 years.The creditors have contacted Penny and told her they will hold her liable for the loss.

Accepted Answer

As a partner, Penny can be held vicariously liable for the actions of her partner Jacqui. Even if Penny was not aware of Jacqui's fraudulent actions, she can still be held responsible for any losses incurred by the creditors.

Question 9

Kevin saw the accident referred to in Question 63.He told Charles that he would testify that Francine had been over the white line and had backed up into Charles-if Charles paid him $200.Charles agreed.The police can prove Kevin is lying.

Accepted Answer

Kevin's statement to Charles is protected by the defense of absolute privilege, which applies to statements made in the course of a judicial proceeding. However, Kevin can still be charged with the crime of perjury for lying under oath.

Question 10

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 begins.Describe,with examples,what you would say to show that the legal limitations on the freedom of business people to operate act to protect the honest business person.

Accepted Answer

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

Question 11

While driving,Charles rear-ended Francine's car at a stop sign.

Accepted Answer

Charles can be charged with a road traffic offence for rear-ending Francine's car. In addition to being charged with a road traffic offence, Francine can also sue Charles in tort for the damage done to her car. It is not necessary for Charles to be convicted of a road traffic offence for Francine to successfully sue him in tort for the damage done to her car. Therefore, both options a and b are correct.

Question 12

Claire required a reference for a new job.She asked for a letter from her former employer,Alice.Alice wrote that Claire was honest,hard working,intelligent,and pleasant,and would do best in a job with considerable direction and supervision.Since Claire had applied for work in outside sales,she was turned down as the job needed an independent self-starter.Claire sued Alice for libel.

Accepted Answer

Alice can argue that she wrote the letter in good faith and only stated her honest beliefs about Claire's strengths and weaknesses. She did not make any false statements or defame Claire's character, so there is no basis for a libel suit.

Question 13

Doug owns a large plot of land on which he plants pear trees.These pears are his sole income and have earned him a reputation as a premier grower.His neighbour owns two horses that constantly break through the fence separating the two properties and maraud Doug's pear trees,costing him lost profits,decreasing production,and causing general damage to the orchard.Doug would have valid grounds for a claim of nuisance.

Accepted Answer

Doug's neighbour's horses are interfering with Doug's business and causing him economic harm, which is a classic example of a private nuisance. Doug can bring a claim against his neighbour for the damage caused and potentially seek an injunction to prevent the horses from entering his property in the future.

Question 14

An accounting firm made serious errors in providing audited financial statement to ABC Limited.These statements are used by management,shareholders,and potential shareholders.

Accepted Answer

Potential shareholders may succeed in suing the accounting firm in negligence if the firm failed to meet the professional standards expected of accounting firms, which is a higher standard than the general reasonable-person standard.

Question 15

As a result of an explosion while plugging the Wonder "C" Model widget into an electrical socket,Tina was left in a coma for nine years.When she regained consciousness,she wished to bring legal action against the manufacturer,ACME Widget Co. ,for her injuries.She did not remember much about the events that surrounded the explosion.While doing some research for her case she discovered that there had been an electrical storm on the evening she was using the Wonder "C" when it exploded.Which of the following legal principles would the manufacturer of the widget not be entitled to use?

Accepted Answer

Waiver is not applicable here as it involves the intentional relinquishment of a known right, which does not apply to Tina's situation.

Question 16

Miss Haversham,a guest at a wedding catered by Giardia's Fine Foods,became violently ill,as did several other guests.It was later found that only those who ate the crab salad appetizer became ill.If Miss Haversham were to sue for negligence,she would normally have to prove

Accepted Answer

In a negligence lawsuit, the plaintiff (Miss Haversham in this case) must prove that the defendant (Giardia's Fine Foods) had a duty of care to provide food that was fit to eat, and that the defendant's failure to fulfill this duty directly led to the plaintiff's injuries. Therefore, the best answer is D, as it encompasses both elements that must be proven in a negligence claim.

Question 17

Richard drank all the beer at home one evening.Knowing he was not in a fit state to drive,he decided to walk down the highway to the beer store for more.In order not to get lost,he followed the centre line on the road.Milton,who was driving too fast and had his headlights on low beam hit Richard from behind,and seriously injured him.

Accepted Answer

The answer of Richard drank all the beer at home...

Question 18

A lawyer has been sued by a client for breach of contact because she failed to give proper advice.The client will be successful if the lawyer has not performed the legal services at the standard of a reasonable person.

Accepted Answer

A lawyer is expected to perform legal services at the standard of a reasonably competent lawyer, not just a reasonable person.

Question 19

Jean and Donald hired a lawn-care company to come to their house and spray for dandelions that had overtaken their lawn.When the spraying was completed the chemical had not only killed the dandelions but also destroyed the grass to an irreversible state.When the company investigated,it found that the acid content of the soil had caused the reaction.The company stated that the reaction is so rare it seldom does preliminary acid tests and tried to downplay the situation.Jean and Donald are contemplating legal action.

Accepted Answer

The lawn-care company had a duty of care towards Jean and Donald, and it failed to exercise the proper standard of care. The fact that the company knew of the potential reaction and did not take proper precautions makes it liable for the damages. The manufacturer may also be liable, but it ultimately falls on the lawn-care company for not properly compensating for the potential reaction.

Question 20

Dan had been notified by his landlord,Kevin,that he was being evicted and was to vacate the premises within one month's time.Dan ignored all of Kevin's subsequent notices of the deadline,refused Kevin's help in moving,and caused many confrontations on the issue that almost escalated to physical altercations.After the deadline passed,Dan's belongings were still in the apartment but Dan was nowhere to be found.Kevin put on a new lock,moved Dan's things to the apartment storage units,and left a note on the door explaining the arrangement,and requesting Dan to come and talk to him about the situation.The next day,Kevin found the lock smashed and the apartment severely damaged.As well,Dan's possessions had been removed from the storage.

Accepted Answer

Dan is liable for trespass because he had proper notice that he was not to use the apartment and ignored it. Additionally, he caused damage to the property, making him liable for trespass and punitive damages.

Quiz 2: Tort Law