1. It would be much easier to successfully sue in tort because the standard of proof is based on the balance of probabilities, while in crime, the standard is beyond reasonable doubt which is much higher than in tort. TRUE OR FALSE? 2. In O.J. Simpson trial, he was accused of murdering his ex-wife, Nicole Brown Simpson and her friend, Ronald Goldman. The jury acquitted O.J. Simpson of murder. Is the acquittal of the murder case does preclude the plaintiff from suing O.J. Simpson for compensation under the tort? TRU OR FALSE? 3. James incorporated a business, J Wine & Bar. He hired his friend, Douglas, to act as bouncer during nighttime service. Ricky, who is an IT professional, went to a bar to unwind from the stress and pressure of work. With pity misunderstanding with the bars crew, he was told to leave by the bouncer. Without provocation with the bouncer, he suffered a beating and fractured nose. The supervisor supported the action of the bouncer and said that he has the right to use force which he deemed necessary to persuade Ricky to leave the premises. Questions: A.Is the misconduct of the bouncer performed during the course of and within the scope of employment? TRUE OR FALSE? B. Is there a vicarious responsibility and liability on the part of the employer? TRUE OR FALSE? C. If Ricky was told to leave and he refuse, does Ricky committed a trespass? TRUE OR FALSE? 4. A Manufacturing Company that exports much of its product to the United States (USA) was involved in a serious and difficult labour dispute with its employees. The atmosphere is tense due to the labour dispute and some members of the union accused the company of customs fraud, saying that they were shipping Japanese products into the USA (marked as products made in Canada) without proper disclosure of facts. The allegation caused an intensive and disruptive investigation into the operation of the company. In addition, the reputation of the company was negatively impacted. At the end, the investigation exonerated the company saying that the allegation has no basis. Which of the following is the appropriate legal action of the company should do? a. Sue the members of the union who made a false accusation. b. Sue the union for its members who made the accusation for injurious falsehood and defamation. c. File a grievance to the union and seek dismissal of those members who made false accusation. d. Both A & B. 5. Jose purchased a second-hand riding lawnmower from the manufacturer, ABC Inc. Before using the mower, Jose opened the hood to fill up the gas tank. He took off the cap and placed it on the tank. He started to pour in the gas. He had to stop to get the cap when it rolled off the tank. He again placed in the hood and continue to pour the gas into the tank. The cap again rolled away and, this time, it hit the battery and caused a spark that ignited the gasoline fumes. As the fire started, he dropped off the gasoline container that he was holding on and spilled the gas which resulted in a blazing fire that destroyed his garage and home. ABC Ltd. is aware of the problem since there were several incidents and lawsuits. To address this problem, ABC Inc. manufactured a battery-covered and provide a safety kit to its customers. Jose was not aware of this issue nor receive a copy of a safety kit. Questions: A.Does ABC Inc. owed a duty of care to its customer, Jose? TRUE OR FALSE? 6. .Is the action of ABC Inc. to address the problem is adequate? TRUE OR FALSE?The City Government built an enclosure, with a key on it, around the electric transformer to prevent unauthorized trespassers from encroaching, due to its danger in nature. The electric transformer was located in the parking lot of the abandoned supermarket. The parking lot had become a playing ground to the children. Without knowing, an eight-year-old child was able to climb up a power pole over the fence and was injured when he came into contact with a live power wire. The injury is so serious, and the childs arm was amputated. In determining who is responsible of the property, the court determines through Alberta Occupiers Act. Which of the following is the occupier of the property? a. The owner of the abandoned supermarket. b. The City Government c. Both A & B d. Provincial Government 7. Does the occupier of the property owe a duty of care to the child? TRUE OR FALSE? 8. Mr. Odesa and his friend went to Sundance Resorts, and one evening, after a day of skiing, they were at a bar, where they saw a video of an inner-tube race that was part of the activities associated with an event called the Sundance Spring Carnival. The race is run on the regular ski slopes in a section where there were moguls that caused the tubes and the people on them to bounce around like rag dolls. A videotape of the previous years event showed the contestants falling of these tubes, being bounced off, releasing their grip, chasing after the tubes, and generally having what was described by another contestant as a blast. Mr. Odesa signed up for the race without reading, a release note absolving the ski slope operators of all responsibilities for any injuries that might suffer as a result of the race. Since Mr. Odesa is an intoxicated participant, the manager of the facility even suggested that Mr. Odesa should not go down the hill. In the next race, Mr. Odesa fell off the tube and broke his neck, which rendered him a quadriplegic. QUESTIONS: A. Does the Resorts owe a duty of care to Mr. Odesa? Is there a negligence on the part of the Resorts? TRUE OR FALSE? B. Is Mr. Odesa partly responsible of his injuries under the contributory negligence? TRUE OR FALSE? 9. A Shoe Company hired Jacob who is task to set up a display of variety of shoes at trade show in the Stadium. The employees are required to work longer period of time and, because of that, the employer through its representative, supplied the workers with food and considerable amounts of beer, which they are allowed to drink while on the job. After work, Jacob went to a club and drink more beers. Later, he drove his car, while on his way home, he was seriously involved in a vehicle accident that left him a quadriplegic. Questions: A. Does the employer failed to meet the standard duty of care? TRUE OR FALSE? B. Is Jacob partly responsible of his own injuries under the contributory negligence? TRUE OR FALSE?