Question 1

Which of the following statements is TRUE?

Accepted Answer

A person can be liable for a tort if they make a harmful and false statement about the plaintiff's business, which is known as injurious falsehood or trade libel.

Question 2

Brownie Inc and Chewy Ltd are competitors in the chocolate bar market. Their "trade war" involves several facts. First, as part of a recent advertising campaign, Brownie claimed that claimed that its own products are calorie- free. Second, Brownie said that Chewy uses only third- rate materials in its products. Third, Brownie said that Chewy's products are proven to cause cancer. And fourth, Brownie occasionally packages its products in such a way as to make consumers believe that they are buying Chewy products. Which of the following statements is TRUE?

Accepted Answer

A

Question 3

Jimmy's Trucking Ltd has sued Hoffa Security Inc in tort. Jimmy's accuses Hoffa of committing torts that resulted in substantial economic losses. The evidence indicates that, aside from Jimmy's specific allegations in tort, Hoffa did not act in an unlawful or unauthorized way. The evidence further indicates that while Hoffa's actions were directed toward Jimmy's, Hoffa did not specifically intend to injure Jimmy's economic interests. On these facts, Hoffa may be liable for

Accepted Answer

B

Question 4

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, a contractual entrant is someone who enters premises under a contract, such as renting a room, which applies to Isaiah.

Question 5

Emily was involved in a business dispute with Jacob. During a private conversation with Jacob, Emily threatened to spread a rumor that he was having an affair with her unless he agreed to sign a certain document. She knew that that rumor was entirely untrue, but she also knew that Jacob was afraid of upsetting his wife, who is very jealous. On the basis of those facts alone, which of the following statements is TRUE?

Accepted Answer

Emily's actions constitute blackmail or extortion, but based on the given options, none of the torts listed directly apply to her actions.

Question 6

Sweety Cola and Bubbly Cola are competitors in the cola market. As part of a recent advertising campaign, Sweety claimed that: its cola has zero calories; Bubbly's cola has caused cancer in laboratory rats; Bubbly sells its cola in bottles that actually belong to other beverage manufacturers; and Bubbly sells its cola in bottles that are designed to make consumers believe that they are buying Sweety's cola. Bubbly has sued Sweety for the tort of injurious falsehood. Sweety may be held liable if

Accepted Answer

The answer of Sweety Cola and Bubbly Cola are competitors...

Question 7

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

The answer of Dylan committed the tort of deceit against...

Question 8

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

Under the modified common law rules, the concept of common humanity is applied to trespassers, requiring occupiers to take reasonable steps to prevent harm to them.

Question 9

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 she should have known about. It therefore is most likely that Dakota was classified as a

Accepted Answer

Dakota was classified as an invitee because the court held that Mariah was required to protect Dakota from unusual dangers that she should have known about. This is the duty of care that is owed to invitees under the traditional common law rules of occupiers' liability.

Question 10

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

Abigail may not necessarily receive damages representing the value her investment would have had if Brandon's statement had been correct, as damages in deceit are typically based on the actual loss suffered due to reliance on the false statement, not on hypothetical gains.

Question 11

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 the 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

Cornelius could be liable under Rylands v Fletcher for bringing a dangerous thing (fireworks) onto his land that escaped and caused damage. He could also be liable for nuisance as the fireworks caused substantial interference with Cherilyn's use and enjoyment of her property. Occupiers' liability does not apply as it concerns injuries to visitors on the occupier's land, not damage to neighboring properties.

Question 12

Which of the following is the name of a defence to the tort of defamation?

Accepted Answer

The defence of "public interest responsible journalism" is recognized in defamation cases, where journalists can defend their work if it was conducted responsibly and in the public interest.

Question 13

Brad made a false and unflattering statement about Concettina. He has been sued for defamation. That action can succeed only if the court is satisfied that

Accepted Answer

Defamation requires that the statement be about a living person, as deceased individuals cannot be defamed.

Question 14

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 damages caused by non-natural use of land, regardless of the care taken by the defendant.

Question 15

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

The answer of The rules that apply under occupiers' liability...

Question 16

To succeed in a claim for intimidation, the plaintiff must prove that

Accepted Answer

The plaintiff must show that the defendant's intimidation caused the threatened party to act in a certain way, which is a key element in proving a claim for intimidation.

Question 17

Simon, who is nine years old, was recently injured after he wandered onto Regina's land. Simon was infected with a disease after he stepped barefoot on a syringe. The evidence indicates that Regina's land is routinely used by drug addicts to "shoot up." Regina was aware of that fact, but did nothing to stop it or post warning signs. Simon has sued Regina under the tort of occupiers' liability. Which of the following statements is TRUE?

Accepted Answer

The answer of Simon, who is nine years old, was...

Question 18

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

Accepted Answer

Injurious falsehood requires proof that the defendant's false statement caused the plaintiff to suffer a financial loss.

Question 19

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

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

Question 20

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

Chloe may be held liable for deceit if she knowingly made a false representation, such as using false income tax returns to predict profitability, intending to induce Alejandro to rely on it.

Quiz 5: Miscellaneous Torts Affecting Business