Law And Business Administration In Canada Canadian 14th Edition By Smyth – Test Bank
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Sample Questions
1) A doctor makes a serious error during the course of
diagnosing a patient. The patient subsequently dies. The deceased patient’s
family members bring a lawsuit against the doctor. All the experts who testify
agree that the doctor failed to meet the standard of care but that if
appropriate care had been provided, the patient would have died in any event.
The family members’ case against the doctor will
1. succeed
because all the experts agree the doctor provided substandard care.
2. fail
because the doctor likely provided the patient with informed consent.
3. succeed
because the law imposes strict liability upon doctors in similar circumstances.
4. fail
because the plaintiff cannot prove causation which is an essential element of
the tort of negligence.
Answer: d
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Applied
2) Tort damages are often classified into
1. special
and exemplary damages.
2. punitive
and exemplary damages.
3. special
and aggravated damages.
4. punitive
and special damages.
5. general
and special damages.
Answer: e
Diff: 1
Type: MC
Topic: Remedies
Skill: Recall
3) Albert and Jane and her husband own homes beside each other.
Jane has a swimming pool in her back yard. Between the houses, on Albert’s
property, there is a line of very old trees that have grown so tall that they
are blocking the sunlight from the swimming pool area of Jane’s property.
Yesterday, Jane’s husband, George, after hearing Jane complain about the
blocked sunlight, without going onto Albert’s property, cut 3 metres off the
top of each of Albert’s trees to let the sunlight into his and Jane’s back
yard. George’s action in cutting down the trees constitutes
1. the
tort of defamation.
2. the
tort of assault.
3. the
tort of nuisance.
4. the
tort of trespass.
5. the
tort of negligence.
Answer: c
Diff: 3
Type: MC
Topic: Intentional Torts
Skill: Applied
4) Use
this fact situation to answer the related questions that follow.
Mary is employed in administration at York University, where she
is paid $3500.00 a month. The administrative staff have gone on strike and, to
that end, have set up a picket line to prevent employees from going into the
university’s administration building. Mary wants no part of the strike, so she
decides that she will cross the picket line. As she does this, an employee
named Ralph says, “Unless you want a black eye, lady, you better not cross the
picket line.” John, another employee, pushes Mary back. Unknown to Mary, there
is a hole in the pavement that the university has been aware of for quite some
time, but has done nothing about, and as Mary falls back, her shoe catches in
the hole and she falls down, breaking her leg and spraining her right arm.
Ralph’s statement to Mary is
1. the
tort of negligence.
2. the
tort of assault.
3. the
tort of injurious falsehood.
4. the
tort of battery.
5. the
tort of trespass.
Answer: b
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Recall/Applied
5) Use
the fact situation in Q3 to answer the related question that follows.
John’s action in pushing Mary constitutes
1. the
tort of assault.
2. the
tort of battery.
3. the
tort of negligence.
4. the
tort of injurious falsehood.
5. the
tort of trespass.
Answer: b
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Recall/Applied
6) Use
the fact situation in Q3 to answer the related question that follows.
The failure of the university to repair the hole in the pavement
constitutes
1. the
tort of nuisance.
2. the
tort of trespass.
3. the
tort of negligence.
4. the
tort of injurious falsehood.
5. the
tort of battery.
Answer: c
Diff: 2
Type: MC
Topic: Unintentional Torts
Skill: Recall/Applied
7) Use
the fact situation in Q3 to answer the related question that follows.
If Mary sues the university, among the damages that she will
receive if she is able to prove her case are
1. general
and special damages for pain and suffering and for her broken leg and sprained
arm.
2. general
damages for loss of income and medical expenses, etc.
3. special
damages for pain and suffering and for her broken leg and sprained arm.
4. general
and special damages for loss of income and medical expenses, etc.
5. general
damages for pain and suffering and for her broken leg and sprained arm and
special damages for loss of income and medical expenses, etc.
Answer: e
Diff: 3
Type: MC
Topic: Remedies
Skill: Recall/Applied
8) Use
the fact situation in Q3 to answer the related question that follows.
If Mary wants to show that the university was negligent, Mary
must prove
1. that
the injuries were a foreseeable result of the failure to repair the hole in the
pavement.
2. that
the university breached its duty to repair the hole in the pavement.
3. that
Mary suffered injuries as a result of the failure to repair the hole in the
pavement.
4. that
the university owed her a duty to repair the hole in the pavement.
5. all
of the above
Answer: e
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Recall/Applied
9) Use
this fact situation to answer the related questions that follow.
Harry, who owns a home in Toronto, needs a plumber to repair a
leaky water pipe, so he calls Marty the plumber. Yesterday it snowed, but Harry
did not shovel the snow from his walk and it has now turned to ice. Harry has
some salt that he could put on the ice to make it safe, but decides that
watching the football game is more important. As Marty arrives at Harry’s
house, he sees Jonny Star, the local newspaper boy, walk up Harry’s walk. Harry
told Jonny that he could come over to watch the football game on Harry’s brand
new HD television. Marty gets out of his truck and begins to go up Harry’s
walk. Of course, because the walk is covered in ice, both Marty and Jonny slip
and fall. Marty breaks his right arm, and Jonny breaks his left ankle. When
Harry looks out his window, he sees Marty and Jonny on the ground and notices
that although Jonny has rubber winter boots on, Marty is wearing his dress
shoes, which have leather soles.
In the fact situation above, Marty is
1. an
occupier.
2. a trespasser.
3. a
contractual entrant.
4. an
invitee.
5. a
licensee.
Answer: d
Diff: 2
Type: MC
Topic: Occupier’s Liability
Skill: Applied
10) Use
the fact situation in Q8 to answer the related question that follows.
In the fact situation above, Jonny is
1. a
trespasser.
2. an
occupier.
3. a
licensee.
4. a
contractual entrant.
5. an
invitee.
Answer: c
Diff: 2
Type: MC
Topic: Occupier’s Liability
Skill: Applied
11) Use
the fact situation in Q8 to answer the related question that follows.
In the fact situation above, Harry is
1. an
occupier.
2. a
licensee.
3. a
trespasser.
4. an
invitee.
5. a
contractual entrant.
Answer: a
Diff: 2
Type: MC
Topic: Occupier’s Liability
Skill: Applied
12) Use
the fact situation in Q8 to answer the related question that follows.
In a lawsuit by Marty and Jonny against Harry for negligence,
1. the
fact that Marty was wearing shoes with leather soles may be found to be
contributory negligence.
2. the
fact that Harry did not shovel his walk or put salt on it will likely not
constitute negligence.
3. the
fact that Marty and Jonny should have known that Harry’s walk was covered in
ice is contributory negligence.
4. the
fact that Jonny was wearing rubber boots will likely be contributory
negligence.
5. the
fact that Marty and Jonny should have known that Harry’s walk was covered in
ice is a voluntary assumption of risk.
Answer: a
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Applied
13) Which of the following is NOT a defence to the tort of
defamation?
1. that
the defendant did not mean to harm the plaintiff’s reputation
2. that
what the defendant said was true
3. that
the plaintiff’s reputation was not damaged
4. qualified
privilege
5. absolute
privilege
Answer: a
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Recall
14) Michael is employed by James’ Groceries. Jim, the owner of
Jim’s Groceries approaches Michael and convinces Michael to leave James’
Groceries and work for Jim’s Groceries. James’ Groceries may sue Jim’s
Groceries for
1. breach
of employer–employee contract.
2. breach
of employee contract.
3. interference
with employee affairs.
4. breach
of contract.
5. inducing
breach of contract.
Answer: e
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Applied
15) Ted is employed as a computer analyst at Macrotech. His
written contract of employment requires him to give his employer 30 days’
notice of his intention to terminate the agreement. Macrotech’s main
competitor, Data Inc., attempts to hire Ted away. Data Inc.’s president
convinces Ted to accept their employment offer and to leave Macrotech
immediately, without providing any notice pursuant to the agreement. Data Inc.
has committed the tort of
1. passing
off.
2. negligence.
3. malicious
prosecution.
4. inducing
breach of contract.
Answer: d
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Recall
16) During the early development of the common law,
whether an occupier or owner of premises owed a duty of care to persons who
came on the premises and the standard of care owed depended on whether
the persons were invitees, trespassers, or
1. children.
2. public
officials.
3. licensees.
4. law
enforcement officials.
5. thieves
or burglars.
Answer: c
Diff: 1
Type: MC
Topic: Occupier’s Liability
Skill: Recall
17) James has been burgled several times. He is fed up and
decides to do something about it. He places two traps at vantage locations in
his home. One night he hears a scream and he runs down to find Bob, a local
troublemaker, writhing in pain and holding his bleeding leg. Which of the
following is NOT true?
1. Bob
is not an invitee.
2. James
owes a duty to Bob.
3. James
owes no duty to Bob because Bob is a trespasser and was unlawfully on the
premises.
4. Bob
can sue James for deliberately setting the trap to harm him.
5. Bob
is a trespasser.
Answer: c
Diff: 2
Type: MC
Topic: Occupier’s Liability
Skill: Applied
18) Which of the following statements is NOT true?
1. A
manufacturer’s duty towards consumers continues after it places a product on
the market.
2. A
retailer may be liable to the consumer for a defective product.
3. After
a manufacturer places a product on the market, its duty towards consumers ends.
4. A
manufacturer’s duty to warn its customers may be discharged if the warning is
issued to a learned intermediary.
5. A
manufacturer who places a defective product on the market may be liable for
negligence.
Answer: c
Diff: 2
Type: MC
Topic: Product Liability
Skill: Applied
19) The role of tort law is to
1. compensate
victims for harm suffered from the activities of others.
2. assist
judges by providing rules to determine how much money to pay victims of crime.
3. punish
wrongdoers in the same way that criminal law punishes criminals.
4. determine
who caused a motor vehicle accident.
5. impose
strict rules to prevent the commission of crimes.
Answer: a
Diff: 1
Type: MC
Topic: The Scope of Tort Law
Skill: Recall
20) A tort is
1. a
criminal act.
2. a misrepresentation.
3. a
breach of contract.
4. the
punishment imposed on a person for a wrongful act done to the person or
property of another.
5. a
wrongful act done to the person or property of another.
Answer: e
Diff: 1
Type: MC
Topic: The Scope of Tort Law
Skill: Recall
21) Both a crime and a tort are being committed when
1. a
homeowner decides not to put salt on his walkway after an ice storm and a guest
slips and falls the following morning.
2. a bar
patron becomes ill as a result of being over-served in a tavern.
3. an
NHL hockey player suffers a broken nose during a consensual on-ice fight.
4. a
last-minute holiday shopper strikes a fellow shopper with his fist resulting in
a broken jaw.
Answer: d
Diff: 3
Type: MC
Topic: The Scope of Tort Law
Skill: Applied
22) During the early stages of the development of tort law,
liability was
1. dependent
on a finding of guilt.
2. punishable
by incarceration.
3. dependent
on whether the wrongdoing was justifiable.
4. strict.
5. based
on a finding of criminal liability.
Answer: d
Diff: 1
Type: MC
Topic: Development of the Tort Concept
Skill: Recall
23) In modern times, the basis for liability in tort is
1. whether
the wrongdoer is able to compensate the victim.
2. actionable
recklessness.
3. legal
carelessness.
4. criminal
wrongdoing.
5. fault.
Answer: e
Diff: 2
Type: MC
Topic: The Basis for Liability
Skill: Recall
24) Strict liability
1. absolves
the defendant from all liability.
2. establishes
the amount of damages that is payable to an injured party.
3. requires
that the plaintiff strictly prove that the defendant was at fault.
4. means
that liabilities are strictly enforced.
5. removes
the onus on the plaintiff to show that the defendant is at fault.
Answer: e
Diff: 3
Type: MC
Topic: The Basis for Liability
Skill: Applied
25) Which of the following best demonstrates the concept of
vicarious liability?
1. Jack
is employed by Jim as a trainee mechanic. Jack goes to a party and is asked by
a friend, Mary, to check her car that won’t start. Jack checks the car. A few
minutes after Mary drives away, the car’s ignition explodes, injuring Maggie.
2. A
man’s dog runs out of the house and mauls a letter carrier.
3. A cow
leaves its pasture, walks into the garden of another farmer and destroys all
the farmer’s crops.
4. Jack
is employed by Jim as a trainee mechanic. Jim’s sister, Maggie brings her car
to the shop. It has an engine problem. Jack has never worked on a car’s engine
before. Jim asks Jack to work on the engine. Jack works on the engine. Later
when Maggie drives off in the car, the engine explodes, injuring Maggie.
5. none
of the above.
Answer: d
Diff: 3
Type: MC
Topic: The Basis for Liability
Skill: Applied
26) Which of the following statements best explains the standard
of care in the law of tort?
1. The
standard is one that the judge expects.
2. The
standard is one that differs from person to person and activity to activity.
3. The
standard is one that society expects.
4. The
standard is one that the lawyer expects.
5. The
standard is the same for all persons and activities.
Answer: b
Diff: 2
Type: MC
Topic: Unintentional Torts
Skill: Recall
27) At what stage in a negligence action will the court apply
the remoteness test?
1. the
duty of care stage
2. the
breach of duty stage
3. the
causation stage
4. the
injury/damages stage
5. the
standard of care stage
Answer: d
Diff: 2
Type: MC
Topic: Unintentional Torts
Skill: Recall
28) Joe recently purchased a can of shaving cream from his
pharmacy. After shaking the can as directed, Joe pushed the button on top.
Suddenly and without warning, the can exploded causing serious injury to Joe.
As a result of the explosion, the can of shaving cream was destroyed. In an
action by Joe against the manufacturer, the following principle of law will
apply:
1. The
shaving cream manufacturer will be held strictly liable for damages caused by
the explosion.
2. The
court can infer negligence on the part of the manufacturer on the basis of the
circumstantial evidence resulting in a shift of the burden onto the
manufacturer to prove that it was not at fault.
3. Joe
will be unable to meet the burden of proof in establishing that the
manufacturer was negligent given the destruction of the evidence.
4. Joe
will be found to be contributorily negligent.
Answer: b
Diff: 3
Type: MC
Topic: Product Liability
Skill: Applied
29) Stoney Canyon penitentiary is located near the town of
Elmwood. One evening a guard employed at the jail failed to properly secure one
of the gates near an exercise field. As a result, an inmate escaped and went on
a crime spree. Having regard to issues of proximity, foreseeability, and policy
reasons, which of the following claimants would be least likely to succeed in a
court action against the guard and/or the jail?
1. A
claim by a citizen of Elmwood whose vehicle was carjacked within hours of the
escape.
2. A
claim by a gas station owner for personal injury and economic losses occasioned
by the escaped inmate’s assault and robbery which took place two months later
and 250 kilometres away from the jail.
3. The
claim of a local bingo parlour whose premises were torched by the inmate after
a standoff with the police the day after his escape.
4. The
claims of an elderly couple injured in an automobile accident two days after
the escape during which the inmate crashed into their car following a high
speed pursuit.
Answer: b
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Applied
30) Phil was riding his motorcycle home from work when he was
involved in a motor vehicle accident. As he lay on the road injured, he was
attended to by two different motorists who stopped after seeing the accident.
Additionally, an overhead helicopter from the local TV news station was
broadcasting live on air. Suddenly, a second vehicle careened out of control
and ran over Phil killing him instantly. Given concerns about proximity,
foreseeability, and policy reasons, of all the people who suffered nervous
shock, who would be most likely to recover compensation in a court action
against the reckless driver of the second vehicle that caused Phil’s death?
1. Claims
by the two motorists who were assisting Phil at the scene.
2. Claims
by the people who witnessed the incident on TV.
3. Claims
by the ambulance attendants who arrived 10 minutes after Phil died.
4. Claims
by those who read the story and saw pictures in the paper the following day.
Answer: a
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Applied
31) During a parliamentary debate, Jack accuses Jim of lying to
his constituents Jim decides to sue. Which of the following is true?
1. Jack
has a defence of absolute immunity.
2. Jack
has a defence of qualified privilege.
3. Jack
has a defence of absolute privilege.
4. Jim
may bring an action for negligent misstatement.
5. Jack’s
conduct is called libel.
Answer: c
Diff: 2
Type: MC
Topic: Intentional Torts
Skill: Applied
32) Exemplary damages are awarded by the court when it intends
to
1. grant
an injunction.
2. punish
the wrongdoer.
3. compensate
the victim for out-of-pocket expenses that can be quantified.
4. provide
compensation for intangible injuries, such as pain and suffering.
5. compensate
the victim’s family for the loss of their loved one.
Answer: b
Diff: 1
Type: MC
Topic: Remedies
Skill: Recall
33) The purchaser of a bottled beverage is more likely to be
successful in a suit for damages against the manufacturer as a result of
becoming ill if
1. she
saw a long black hair in the bottle and decided not to drink it.
2. she
saw a long black hair in the bottle and dropped it on the ground before she
opened it.
3. she
saw a long black hair in the bottle after taking “a sip.”
4. she
gave the bottle to a friend and saw a long black hair in the bottom after her
friend drank it.
Answer: c
Diff: 3
Type: MC
Topic: Product Liability
Skill: Applied
34) Prior to the legislative changes in Canada with respect to
contributory negligence, if a plaintiff contributed in any way to her or his own
loss the action would fail. Statutes now require courts to
1. determine
if the plaintiff’s degree of fault exceeds the defendant’s degree of fault as a
pre-condition to dismissing the action.
2. apportion
damages according to the respective degree of responsibility of the parties.
3. find
against the most liable defendant.
4. follow
strictly the responsibility chart set out in the statute.
Answer: b
Diff: 3
Type: MC
Topic: Unintentional Torts
Skill: Recall
35) Which of the following is NOT a defence to a defamation
action?
1. responsible
communication on matters of pubic interest
2. the
written or spoken words were true
3. qualified
privilege
4. the
written or spoken words came from someone else first
5. absolute
privilege
Answer: d
Diff: 3
Type: MC
Topic: Intentional Torts
Skill: Recall
36) A duty of care may be owed to someone other than the person
who is directly injured.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 1
Type: TF
Topic: Unintentional Torts
Skill: Applied
37) An occupier has no liability whatsoever to a trespasser.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 1
Type: TF
Topic: Occupier’s Liability
Skill: Recall/Applied
38) Compensation in tort law is not always in the form of
damages.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: Remedies
Skill: Recall/Applied
39) An act of omission that is not found to be negligence today
may later be found to be negligence.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 1
Type: TF
Topic: Unintentional Torts
Skill: Recall/Applied
40) An innocent employer is vicariously liable for the negligent
acts of an employee.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 1
Type: TF
Topic: Strategies to Manage the Legal Risks
Skill: Recall
41) In some cases an otherwise blameless employer may be
required at law to compensate victims of criminal acts committed by its
employees.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: The Basis for Liability
Skill: Recall
42) An employer who has expressly prohibited certain actions can
never be vicariously liable if an employee ignores this prohibition.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: The Basis for Liability
Skill: Recall
43) A high intensity sound coming from one property and
affecting other properties does not constitute the tort of nuisance.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: Intentional Torts
Skill: Applied
44) The roots of a tree that is growing on one property and that
continue to grow onto another property may constitute a nuisance.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: Intentional Torts
Skill: Applied
45) An attack by one person on the reputation of another person
constitutes the tort of injurious falsehood.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 1
Type: TF
Topic: Intentional Torts
Skill: Recall/Applied
46)In some circumstances, there is immunity from defamation
lawsuits. Words spoken in parliamentary debate, in proceedings in law courts
and inquests, and before royal commissions, are subject to absolute privilege.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: Intentional Torts
Skill: Applied
47) Under strict liability, a wrongdoer is punished strictly if the
wrongdoer was at fault.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: The Basis for Liability
Skill: Recall
48) After a manufacturer places a product on the market, it has
a continuing obligation to warn consumers of potential dangers.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 3
Type: TF
Topic: Unintentional Torts
Skill: Recall
49) An invitee is a person permitted by the occupier to
enter the premises for business purposes, for example a shopper.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: Occupier’s Liability
Skill: Recall
50) Most Canadian jurisdictions have now abolished the
distinction between invitees and licensees.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: Occupier’s Liability
Skill: Recall
51) An inmate is able to escape from a local prison because a
security guard left a gate open. The jail owes the same duty of care to a local
farmer who is assaulted by the inmate minutes later as it does to a gas station
owner who operates 750 kilometres away and is robbed three months later.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 3
Type: TF
Topic: Duty – Unintentional Torts
Skill: Applied
52) Malicious prosecution concerns the prosecution of crimes and
is not a tort.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: Intentional Torts
Skill: Recall
53) During parliamentary debate one day, James describes Peter
as ” a thief and a liar.” Peter decides to sue for defamation. James has a
defence of absolute privilege.
1. True
Correct: Correct
1. False
Incorrect: Incorrect
Answer: a
Diff: 2
Type: TF
Topic: Intentional Torts
Skill: Applied
54) Restitution is a remedy available to a plaintiff who seeks
an order restraining a person from doing, or continuing to do, a particular
act.
1. True
Incorrect: Incorrect
1. False
Correct: Correct
Answer: b
Diff: 2
Type: TF
Topic: Remedies
Skill: Recall
55) Even a trespasser is owed a duty of common humanity.
Explain.
Answer:
An occupier or owner of premises owes a minimal duty to a
trespasser. He or she must not deliberately set out to harm the trespasser or
recklessly disregard the possibility that his or her acts might harm the
trespasser.
Diff: 2
Type: ES
Topic: Occupier’s Liability
Skill: Applied
56) Explain the principle of vicarious liability.
Answer:
Although an employee may be primarily liable for a tort, if the
tort is committed in the course of employment, the employer is also liable in a
secondary sense.
Diff: 2
Type: ES
Topic: The Basis for Liability
Skill: Recall
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