ASSIGNMENT NO. 2

Chapter 4:(Read pages 80-84, 91-93, 96-99) Review Questions 2,3,5,8,10,15 Cases & Problems 2 and 4

Chapter 5:(Read pages 114-124) Review Questions 9,10,11,14,15 Cases & Problems 5 and 9.

Chapter 6:Review Questions 2,7,8,11,13,16 Cases & Problems 2, 8 and9

CHAPTER 4:

2. Explain the difference between assault and battery. Describe a situation in which there is assault but not battery. Describe a situation in which there is battery but not assault.

3. Identify and explain a situation in which the concept of reasonable force is important to the removal of a person who is trespassing on business property.

5. "The tort of false imprisonment does not require proof that the defendant actually locked the plaintiff into a prison, but it does require proof that the defendant physically prevented the plaintiff from leaving an enclosed area." Is that statement true? Explain your answer.

8. "A business person is at liberty to use any amount of force to remove or arrest an undesirable customer." Is that statement true? As a businessperson, what factors would you consider before making an arrest or removing a customer from your place of business?

10. Describe the tort of malicious prosecution and explain how it is related to the tort of false imprisonment.

15. Does a person commit a trespass to land by walking into a store if the owner of the store actually did not want any visitors? Explain your answer.

CHAPTER 5:

9. Why is publication critically important to the tort of defamation? Why do I not commit the tort of defamation if, in the course of a private conversation, I wrongly accuse you of some horrible crime?

10. Explain the defences of absolute privilege and qualified privilege. Outline the situations in which those defences will apply.

11. Describe the defence of fair comment. Why is that defence especially important to businesses such as newspapers, magazines, and television broadcasters.

14. Explain the general approach of occupiers' liability legislation. In what ways are the statutory rules significantly different from the common law rules?

15. Can a landlord ever be held liable under the tort of occupiers' liability if a claimant is injured while visiting a property that is being rented by a tenant? Explain your answer

CHAPTER 6:

2. How will a court decide whether or not a duty of care will exist in a particular case?

7. Summarize the factors that a judge considers in deciding whether the defendant breached the standard of care.

8. Will a court find that professionals breached the standard of care if they complied with an approved practice? Explain your answer

11. Is the but-for test always applied to resolve the issue of causation? Illustrate your answer with an example

13. What is the basic test for resolving the issue of remoteness? Must the plaintiff prove that a reasonable person would have foreseen both the type of harm that occurred and the manner in which it occurred?

16. What is the main reason why Canadian courts prefer the defence of contributory negligence to the defences of voluntary assumption of risk and illegality?