Question: Question 1 (1 point) Sparkling Drinks Ltd has decided to produce a sparkling wine that they plan to name Lambrinsco, in honour of the famous
Question 1 (1 point)
Sparkling Drinks Ltd has decided to produce a sparkling wine that they plan to name Lambrinsco, in honour of the famous Italian sparkling wine Lambrusco. Production and distribution will take place over the next eight months or so. Is the company likely to encounter any issues in marketing and selling their new wine?
Question 1 options:
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| No, they are not in breach of any laws. |
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| Yes, they may be in danger of being sued under the tort of passing off. |
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| No, because even though technically it could amount to passing off, it is acceptable because the only similarity between the products is the name. |
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| Yes, they may be in danger of being sued under the tort of defamation. |
Question 2 (1 point)
Artemus Charles threatens Edwin Jones with physical harm. Artemus lunges at Edwin, but Artemus accidentally trips and hurts both himself and Edwin. What tortious acts, if any, have taken place in this scenario?
Question 2 options:
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| False imprisonment by Artemus against Edwin |
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| No illegal act or wrongdoing has taken place |
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| Battery by Edwin against Artemus |
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| Assault by Artemus against Edwin |
Question 3 (1 point)
In Canada, manufacturers of goods that are inherently dangerous must:
Question 3 options:
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| Eliminate the potential for harm. |
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| Document the design process to prove the avoidance of defects. |
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| Clearly warn customers about the dangers and provide clear instructions on how to use the product safely. |
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| Clearly warn customers about the dangers and take all possible steps to ensure the product is safe. |
Question 4 (1 point)
In the case of Donoghue v Stevenson, did the court find that the defendant owed a duty of care to the plaintiff?
Question 4 options:
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| No, the court held that the plaintiff had no cause of action because the elements of negligence did not exist. |
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| No, the court held that the plaintiff had no cause of action because there was no privity of contract. |
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| Yes, the court held that the circumstances of the case were an example of strict liability. |
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| Yes, the court held that the defendant could reasonably foresee that the parties other than the purchaser might consume its products. |
Question 5 (1 point)
Which of the following would be an example of the best practice for a business to follow when offering high-risk activities?
Question 5 options:
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| The participant is notified by direction them to notices and signage. |
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| The participant is notified about the risks, clear language is used, hazards are explained, and the participants signs a waiver. |
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| The participant is notified by video and notices. |
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| A large sign is posted that states participation is solely at the risk of the participant. |
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