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 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

From a legal perspective discuss those aspects of designing its marketing strategy of which a business must be mindful.

Accepted Answer

The answer of From a legal perspective discuss those aspects...

Question 3

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." Defamation may take the form of either libel or slander.

Accepted Answer

Defamation can take the form of either libel (written or published false statement that harms someone's reputation) or slander (spoken false statement that harms someone's reputation). The newspaper cartoon can be considered as libel as it was published and depicted the person in a negative light.

Question 4

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the publisher of the newspaper because cartoons are exempt from the defamation laws.

Accepted Answer

Cartoons, like any other form of expression, can be subject to defamation laws if they falsely depict someone in a way that damages their reputation. The fact that the statement is made through a cartoon does not exempt it from being defamatory.

Question 5

Jim applied for a position with the city's public works department that he had seen advertised in the local newspaper. The advertisement specifically requested experience with heavy machinery, which would be used on a daily basis in this job. Jim did not know how to operate any of the machinery, and in fact, he did not have a valid driver's licence. On his first day at the job Jim caused an accident that will cost the city greatly. Jim's action would constitute deceit under tort law.

Accepted Answer

Jim misrepresented his qualifications and experience in order to obtain the job, which is a form of deceit under tort law. His lack of knowledge and experience with heavy machinery resulted in an accident that will cost the city greatly.

Question 6

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The newspaper could successfully defend any action taken by the entrepreneur by invoking fair comment.

Accepted Answer

The answer of A newspaper cartoon depicted a well-known international...

Question 7

The Patins had been transferred to a new city and had to sell their home before leaving. They received a full price offer which included a warranty that the home had not been insulated with urea formaldehyde. Shortly before closing, the purchasers came by the home to measure the attic opening and discovered that the home was, in fact, insulated with urea formaldehyde. This was unknown to the Patins who had not asked or obtained a warranty when they purchased the home from a construction company several years before. As a result, the purchasers refused to buy the home and the Patins were forced to delay their move and incur considerable expense. The Patins sued the construction company for deceit, claiming that it had induced them to purchase that home but had kept the existence of the insulation secret. The Patins had inspected the house before they purchased it and their agreement specifically excluded any representations and warranties which were not expressly stated in the agreement. Discuss the nature of the Patins' claim and the defences, if any, which might be raised. What would be the likely outcome?

Accepted Answer

The answer of The Patins had been transferred to a...

Question 8

A newspaper cartoon depicted a well-known international entrepreneur as a greedy villain dressed as Robin Hood who was "stealing from the poor and giving to himself." The entrepreneur would be precluded from seeking damages from the cartoonist because cartoons are exempt from the defamation laws.

Accepted Answer

Cartoons, like any other form of expression, can be subject to defamation laws if they falsely depict someone in a way that damages their reputation. The fact that it's a cartoon does not exempt it from being potentially defamatory.

Question 9

In the Common Law provinces, the limitation period for commencing legal action against governments is set by specific statutes and is usually very short (days or months); but in Quebec, it is even shorter.

Accepted Answer

In Quebec, the limitation period for commencing legal action against governments is not shorter; it is set by specific statutes, but is longer than in other Common Law provinces (typically 3 years).

Question 10

The rising issue of Internet defamation does not change the principles of Common Law surrounding defamation: published slander (libel), whose untruth is given wide circulation as fact, to the injury to the victim's reputation.

Accepted Answer

The statement is true as the principles of defamation in Common Law apply to both traditional channels of publication and online platforms. Internet defamation refers to the act of publishing defamatory statements through the internet, which can have a significant impact on the victim's reputation due to the wide audience reach of online platforms. However, the fundamental legal principles of defamation remain unchanged.

Question 11

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 12

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 some examples, what you would say to show that the legal limitations on the freedom of businesspeople to operate can act to protect the honest businessperson.

Accepted Answer

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

Question 13

Peter, a professional water skier, was very prominent in his field, having won numerous international championships prior to turning professional. As part of his work he was himself actively involved in promoting and marketing his name and reputation for commercial benefits.
Waterski Summer Camps Inc. operated a summer camp for children at which water-skiing was a central part of its camp program. In February, the camp hired ABC Advertising Co. to prepare promotional material for the summer camp. At this time it attempted to engage Peter to promote and participate in the summer camp. However, due to other engagements and a busy summer work schedule, Peter refused.
In connection with Peter's promotional activities he frequently used a famous photograph of himself skiing. ABC Advertising prepared without Peter's consent a live drawing stylisation of this photograph. There was a striking similarity between the drawing and the well-known photograph of Peter. It used the drawing in a pamphlet and advertisement prepared to promote the camp. The camp's general manager approved the use of the drawings in the advertising material.
When Peter discovered the drawing, he confronted the camp about its use. The manager stated that the camp did not intend to represent Peter in the drawing, rather to convey the impression of water-skiing. Peter instituted legal proceedings against the camp and the advertising company. Discuss the basis of his claim and the arguments he may use.

Accepted Answer

The answer of Peter, a professional water skier, was very...

Question 14

Mr. and Mrs. Lacroix purchased a fireplace insert from Dan's Hearth Shop. Dan's was the only local distributor and installer of such units in the town in which the Lacroix's lived. Dan's supplied the unit with the requisite chimney pieces and also performed the installation. Within a month, the Lacroix's revisited Dan's shop to complain about the performance of the fireplace. In particular, they complained that the unit was prone to chimney fires. Dan came to the Lacroix's home to inspect the unit but could not find any evidence of chimney fires. He further advised the Lacroix's to burn only dry wood in the insert and to have the chimney cleaned.
On several other occasions, the Lacroix's complained to Dan about chimney fires and eventually demanded their money back. Dan refused, and claimed that the fault was not in the fireplace but in the Lacroix's failure to operate it properly and to have the chimney cleaned
The following week Mrs. Lacroix placed the following advertisement in the local newspaper:
'FIREPLACE INSERT - Comes equipped with rusting steel flue connector. Locally purchased, installed by local vendor, used only 3 months. Poor quality material and workmanship. Has proven record of chimney fires. Brass kettle will be thrown in. Phone 97-62734 after 5 p.m.'
Discuss the arguments which both sides might raise if Dan's Hearth Shop took legal action against the Lacroix's. Render a decision.

Accepted Answer

The answer of Mr. and Mrs. Lacroix purchased a fireplace...

Quiz 4: Intentional Interference