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Question 15

Question 151 Point

Question 15

Jordan was seriously injured while trespassing on an abandoned industrial site. He had been exploring an abandoned building when part of a structure gave way under his weight. Why might Jordan's lawsuit against the site's owner fail?

Option A

because the site owner did not intentionally or recklessly cause Jordan's injury

Option B

because Jordan was only a licensee and not an invitee

Option C

because the site owner had posted a sign prohibiting trespassers from entering the property

Option D

because an injured trespasser cannot sue an occupier

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Question 14

Question 141 Point

Question 14

An elderly woman with osteoporosis suffered numerous broken bones as a result of a minor car accident. A person without osteoporosis would not have suffered any broken bones in the same circumstances. What would you reasonably expect a court to determine with respect to a negligence claim by the elderly claimant?

Option A

The elderly claimant will not be awarded any damages.

Option B

The elderly claimant will receive full compensation on the basis of the thin skull principle.

Option C

The injury will pass the test of remoteness.

Option D

The defendant has a complete defence.

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Question 13

Question 131 Point

Question 13

Which of these statements correctly describes the relationship between tort law and criminal law?

Option A

Legal consequences can arise under criminal and tort law from the same event.

Option B

A tort is a public wrong whereas a crime is a private wrong.

Option C

Legal consequences may arise under either criminal or tort law, but not both.

Option D

Anyone committing a tortious act commits an offence under the Criminal Code.

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Question 12

Question 121 Point

Question 12

Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to file the claim within the prescribed time. What is the tort that arises in these circumstances?

Option A

malpractice

Option B

professional incompetence

Option C

incompetence

Option D

professional negligence

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Question 11

Question 111 Point

Question 11

Hat Trick Inc. manufactures hockey helmets. Mitchell is a young, talented hockey player with a bright future. While wearing a Hat Trick helmet, Mitchell is knocked into the boards (something that often happens in hockey games) and suffers a serious head injury. Mitchell decides to sue Hat Trick for manufacturer's liability. Will Mitchell win?

Option A

Yes. A hockey helmet should protect players against head injuries that may happen in hockey games. The manufacturer will be liable if the helmet does not provide this protection.

Option B

The issue is whether the helmet was properly designed and manufactured. If Mitchell can show that the helmet was not designed and manufactured in accordance with appropriate standards, he will be successful.

Option C

Mitchell will only be successful if he can prove that the manufacturer of the helmet did not include a warning that playing hockey is a dangerous sport.

Option D

Hat Trick will not be responsible because Mitchell voluntarily assumed the risk of a head injury by playing hockey, and the injury was caused by an event that is common in hockey games.

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Question 10

Question 101 Point

Question 10

Kanye decides that a black panther would be the best pet he could get. Kanye set up a very expensive security system to ensure the panther could not get out of the house. Even though Kanye's security system was the best in the world, somehow the panther escaped and injured Taylor. The court found that even though Kanye was as careful as he could have been, he was still responsible for Taylor's damages. This is an example of:

Option A

Occupier's liability

Option B

Strict liability

Option C

Negligence

Option D

Nuisance

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Question 9

Question 91 Point

Question 9

Which of the following is NOT one of the 5 elements of the tort of negligence:

Option A

forseeability

Option B

causation

Option C

damages

Option D

intention

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Question 8

Question 81 Point

Question 8

What tort arises when lawyers, accountants, or other professionals give their clients incompetent advice that causes loss?

Option A

deceit

Option B

professional irresponsibility

Option C

negligence

Option D

passing off

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Question 7

Question 71 Point

Question 7

If two competing businesses agree to charge the same price for their products:

Option A

The tort of deceit has been committed, and the businesses have violated the Criminal Code (Canada)

Option B

The businesses have committed the tort of restraint of trade and have violated the Competition Act (Canada)

Option C

Businesses are free to determine the prices they charge. There is no violation of law.

Option D

The businesses have committed a tort, but they have not violated a statute.

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Question 6

Question 61 Point

Question 6

Gerard is an Olympic speed skater. Ron is his equipment manager, who is responsible for taking care of Gerard's equipment and helping him get dressed before an event. Gerard skated in a qualifying round and won it easily. When he finished, he noticed Ron had failed to fasten his helmet properly. He had not noticed it while he was skating, but it could have been a dangerous situation. Did Ron commit a tort?

Option A

No, there was no negligence on these facts.

Option B

Yes, this was negligence. However, Gerard should have checked the helmet before he skated, so he is responsible too.

Option C

Yes, Ron was negligent. However, Gerard chose to be a speed skater, which is a dangerous activity, so voluntary assumption of risk applies.

Option D

Yes, this was negligence. Ron owed a duty of care and he was clearly not careful enough.

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Question 5

Question 51 Point

Question 5

What makes Ontario different from other parts of Canada when it comes to privacy law?

Option A

The statutes in our province prevent private lawsuits for breaches of privacy

Option B

All of our population is concentrated in major cities

Option C

The tort of intrusion upon seclusion

Option D

Ontario is exactly the same as every other province when it comes to privacy law

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Question 4

Question 41 Point

Question 4

Meek Mills and Drake have traded insults on many occasions. Drake commented on one of Meek Mills' Instagram posts, "This guy makes terrible music. And his clothes are ugly."What tort has been committed?

Option A

It would be defamation, but defamation does not apply to comments on Instagram

Option B

Slander

Option C

No tort has been committed

Option D

Libel

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Question 3

Question 31 Point

Question 3

Isaiah is the manager of Food and Stuff, a small grocery store. LeBron is shopping at Food and Stuff and slips on salsa that was spilled on the floor in front of the dairy case. LeBron injures his leg and sues Food and Stuff. Will the store be found liable?

Option A

Yes. An occupier owes a duty of care to people entering property. This standard of care is high when the persons entering are invited guests (such as customers)

Option B

No. People slip and fall all the time. Isaiah and Food and Stuff did not have any intention to cause harm to LeBron.

Option C

Food and Stuff would be responsible for LeBron's injuries under the tort of occupier's liability unless they can show that they had reasonable policies and procedures in place to protect customers, and that these procedures were being followed.

Option D

LeBron would need to show that there is a duty of care, and that Isaiah breached the standard of care. He would also have to show that he was paying attention and being careful as he walked through the store.

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Question 2

Question 21 Point

Question 2

An intentional tort is:

Option A

A situation where one person fails to exercise the required care and harms another person's protected interest

Option B

A tort where one person takes a deliberate action that results in harm to another

Option C

Any situation where one person wrongfully interferes with a protected interest

Option D

A tort where the wrongdoer intends to cause injury to a protected interest

Question 11 Point

Question 1

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

Option A

The act causing the harmful event was unintentional.

Option B

The loss was reasonably foreseeable or reasonably preventable.

Option C

The loss was reasonably unforeseeable or reasonably unpreventable

Option D

The act is an indictable offence under the Criminal Code of Canada. This is for Canada please refer to Canada regulations and Law