Question 1

The tort of deceit involves

Accepted Answer

The tort of deceit involves intentionally misleading another person, causing them harm. This is also known as fraud or fraudulent misrepresentation. A negligent misstatement would fall under the tort of negligence, while the other options refer to different torts altogether.

Question 2

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, damages may be awarded for

Accepted Answer

The case of Ahmad v. Ontario Hydro deals with inducing breach of contract. When a company puts pressure on another to breach a long-term employee's employment relationship, it is considered an intentional tort and damages may be awarded for inducing breach of contract.

Question 3

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 between employees and customers can result in actions against the business on the basis of vicarious liability, meaning the business could be held responsible for the actions of its employees. This is why businesses should take steps to prevent and manage such altercations.

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 continued harassment of Azar during her notice period could be considered intentional infliction of mental suffering, as it caused emotional distress and was done intentionally.

Question 5

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 Canada's Personal Information Protection and Electronic Documents Act (PIPEDA). While privacy protection does exist in the common law, it is not the primary source of privacy law in Canada, and both the federal government and provincial governments have the power to enact privacy legislation. Privacy laws are considered necessary to protect individuals' rights to control their personal information, even if voluntary measures have been successful. PIPEDA applies to both private sector organizations and federal government institutions.

Question 6

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

Putting a different brand label on one's products is an act of passing off, which is illegal and can result in a lawsuit.

Question 7

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 can sue Will for breach of confidence because he misused confidential information given to him in confidence. The fact that Will gave the information to his wife does not protect him from being held liable for breach of confidence. Spousal privilege does not apply in this situation as it only applies to confidential communications between a married couple, not to information shared with a spouse. The fact that Will did not personally misuse the information is not relevant as he still breached the duty of confidentiality he owed to Zoe as her lawyer. A recipe can constitute confidential information if it has been kept secret and is of commercial value to its owner. Finally, although suing one's own lawyer may present challenges, it is still possible to do so in certain circumstances.

Question 8

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. Rather, it refers to a third party who intentionally causes a breach of contract between two other parties.

Question 9

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

Accepted Answer

Interference with economic relations is often referred to as tortious interference, and it requires some form of wrongful conduct on the part of the defendant. While there does not need to be a breach of contract, there must be some other unlawful conduct associated with the complaint, such as bribery or defamation, in order to establish a claim for tortious interference.

Question 10

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 regulates the collection and use of personal information in the private sector in Canada.

Question 11

In the case of Procor Ltd. v. U.S.W.A., what did the Court find?

Accepted Answer

The Court found that wilful blindness to the truth by officials was sufficient to establish malice.

Question 12

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 tort of intrusion upon seclusion has been recognized and adopted as a privacy tort in at least one province of Canada. This tort involves the intentional intrusion upon someone's private affairs or concerns in a manner that is highly offensive to a reasonable person, and without lawful justification or excuse.

Question 13

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

The tort of conspiracy to injure occurs when two or more people agree to use illegal means to cause harm to the business interests of another party. This can include actions such as spreading false information, stealing trade secrets, or interfering with contracts. The conspirators can be held jointly and severally liable for any resulting losses or damages.

Question 14

Which of the following statements regarding privacy law is False?

Accepted Answer

Self-regulation has not proven to be the most effective approach to privacy law. In fact, many argue that it has been inadequate in protecting individuals' privacy rights, leading to increased government intervention and legislation.

Question 15

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

Accepted Answer

Detinue refers to the wrongful taking of someone's property, not the invasion of someone's own property. The other options all involve invading someone's property or privacy in some way.

Question 16

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

The tort described in the question is intimidation. Intimidation occurs when one person uses threats or other oppressive tactics to force someone else to do something they wouldn't otherwise do. It is a form of coercion that can include the threat of violence or other illegal activity.

Question 17

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 illustrates that a breach of confidence can involve not just conveying confidential information to someone else, but also using it inappropriately for one's own purpose. This is demonstrated through the actions of the defendant, who had access to confidential information through his employment and used it to benefit himself in a real estate deal, leading to a breach of confidence.

Question 18

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. Therefore, choice A is the correct option. The act also creates a right to access personal information held by an organization and to challenge its accuracy if necessary. However, it does not create a general right to sue in tort for a violation of its provisions (B) or provide suggested guidelines without sanctions (D). Furthermore, it does apply to personal information collected over the internet (E).

Question 19

All of the following are examples of unfair competition except

Accepted Answer

Intentionally lowering prices to encourage customers to purchase products is a common business strategy and does not constitute unfair competition. However, seeking confidential information from another business, using intimidation tactics to discourage competition, or redirecting customers from one business to another are all examples of unfair competition.

Question 20

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

Accepted Answer

Civil courts can assess both compensation (compensatory damages) for the plaintiff's loss and punitive damages intended to punish the defendant for particularly egregious behavior and deter future misconduct.

Quiz 4: Intentional Torts and Torts Impacting Business