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Fanshawe College *

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101

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Law

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Feb 20, 2024

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Question 1 Incorrect Mark 0.00 out of 1.00 Flag question Question text 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? Question 1Select one: A. Brandon may be held liable if a reasonable person would have relied upon his statement, even if Abigail did not do so when she made her investment. B. If Brandon is held liable, damages will be calculated to reflect the position that Abigail would have enjoyed if she had not been deceived, but they will not be calculated to reflect the position Abigail would have enjoyed if Brandon's statement had actually been true. C. Brandon may be held liable even if he honestly believed that he had received government authorization to use nuclear power. D. Brandon may be held liable even if he did not intend to deceive Abigail, as long as he did in fact deceive her. E. The tort of deceit usually causes a court to award an injunction. Feedback The correct answer is: If Brandon is held liable, damages will be calculated to reflect the position that Abigail would have enjoyed if she had not been deceived, but they will not be calculated to reflect the position Abigail would have enjoyed if Brandon's statement had actually been true. Question 2 Incorrect Mark 0.00 out of 1.00 Flag question Question text The defence of statutory authority applies only if a nuisance was the inevitable result of the defendant's performance of a statutorily authorized activity. Question 2Select one:

True False Feedback The correct answer is 'True'. Question 3 Correct Mark 1.00 out of 1.00 Flag question Question text The defence of contributory negligence may apply even if the plaintiff carelessly contributed to the severity of the injuries that were suffered, but not to the actual occurrence of the accident that caused those injuries. Question 3Select one: True False Feedback The correct answer is 'True'. Question 4 Incorrect Mark 0.00 out of 1.00 Flag question Question text You invited your friend Suri to your apartment for dinner. Since you knew that she would arrive first, you gave her your key and told her to let herself in. When she entered, however, a burglar jumped out and cracked her skull with a vase. Suri suffered a concussion. The burglar was also injured. As a practical joke, you had tied a string between the kitchen doorway, hoping that Suri would tumble over when she entered the room. In fact, it was the burglar who was tripped up. He broke his wrist as a result of the fall. Both Suri and the burglar have sued you under the tort of occupiers' liability. Assuming that the traditional common law rules apply, which of the following statements is most likely to be TRUE? Question 4Select one: A. You are only liable to Suri because you had no protection against burglars. B. You are only liable to the burglar because you recklessly injured him. C. You are only liable to Suri because she is a licencee. D. You are only liable to Suri because she is an invitee. E. You are liable to both Suri and the burglar. Feedback

The correct answer is: You are only liable to the burglar because you recklessly injured him. Question 5 Incorrect Mark 0.00 out of 1.00 Flag question Question text Which of the following statements is TRUE? Question 5Select one: A. The unlawful means tort always requires proof that the defendant committed a civilly actionable wrong against someone other than the plaintiff. B. The tort of interference with contractual relations always requires proof that the defendant acted with the primary intention of hurting the plaintiff. C. The tort of intimidation always requires proof that the defendant threatened the plaintiff. D. The tort of deceit always requires proof that the defendant acted with the intention of gaining an economic benefit. E. The tort of conspiracy always requires proof that the defendant intended to hurt the plaintiff. Feedback The correct answer is: The unlawful means tort always requires proof that the defendant committed a civilly actionable wrong against someone other than the plaintiff. Question 6 Incorrect Mark 0.00 out of 1.00 Flag question Question text 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? Question 6Select one: A. Under the judicially modified common law rules, an occupier must protect both licencees and invitees from unusual dangers. B. Under the statutory rules, there is no need to classify a visitor when determining the precise content of an occupier's duty of care.

C. Under the traditional common law rules, a licencee was a person who had permission to be on the premises and whose presence on the premises furthered the occupier's economic interests. D. Under the traditional common law rules, an occupier was merely required to refrain from intentionally or recklessly injuring a licencee. E. No duty of care is owed to a trespasser under the new statutory rules. Feedback The correct answer is: Under the judicially modified common law rules, an occupier must protect both licencees and invitees from unusual dangers. Question 7 Incorrect Mark 0.00 out of 1.00 Flag question Question text The unlawful means tort Question 7Select one: A. requires proof that, among other things, the defendant acted with an intention to cause the plaintiff to suffer economically. B. is a subset of the tort of interference with contractual relations. C. is one of the oldest torts. D. was recently rejected by the Supreme Court of Canada. E. requires proof that, among other things, the defendant also committed some other tort against the plaintiff. Feedback The correct answer is: requires proof that, among other things, the defendant acted with an intention to cause the plaintiff to suffer economically. Question 8 Correct Mark 1.00 out of 1.00 Flag question Question text Ocala Corp operated a factory that caused corrosive particles to drift in the air and land on a building that was owned by Broderick Inc. Those particles damaged the roof of the building. The damage could have been repaired immediately at a cost of $250 000, but Broderick did not have the money

necessary to do so. It therefore sued Ocala in negligence. By the time the trial ended several years later, inflation had run rampant and the cost of repairing Broderick's roof has increased to $900 000. Because of the modern approach to the "thin wallet" rule, Ocala cannot possibly be held liable for more than $250 000. Question 8Select one: True False Feedback The correct answer is 'False'. Question 9 Correct Mark 1.00 out of 1.00 Flag question Question text Joel was injured while walking on Maureen's property. Under the statutory rules, it will generally be necessary for a court to determine Joel's precise status as a visitor before choosing the appropriate standard of care. Question 9Select one: True False Feedback The correct answer is 'False'. Question 10 Correct Mark 1.00 out of 1.00 Flag question Question text 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 Mariah should have known about. It therefore is most likely that Dakota was classified as a Question 10Select one: A. invitee. B. co-occupier. C. contractual entrant. D. licencee.

E. trespasser. Feedback The correct answer is: invitee. Question 11 Correct Mark 1.00 out of 1.00 Flag question Question text Sarah made several statements to John. Because he acted in reliance upon those statements, John suffered a loss. Assuming that the other elements of the tort are established, Sarah may be held liable for deceit as long as John proves that she carelessly failed to realize that her statements were false. Question 11Select one: True False Feedback The correct answer is 'False'. Question 12 Incorrect Mark 0.00 out of 1.00 Flag question Question text Brewster and Constance are neighbours. They both live near the outdoor stadium that hosts sporting events and concerts in their city. For many years, Brewster and Constance both earned a great deal of money by using their lawns as parking lots during stadium events. Recently, however, attendance at stadium events has plummeted and there are not enough customers to keep both Brewster and Constance happy. The two therefore began to compete for business. In a desperate bid to win the competition, Constance threatened motorists who appeared to be headed for Brewster's property. ONE of the elements that Brewster must prove in order to hold Constance liable for the unlawful means tort is that Question 12Select one: A. Constance committed a tort against Brewster's potential customers when she threatened them. B. his property shares a legal boundary with her property. C. Constance was motivated by a desire to earn greater profits. D.

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