Final Law!

Which of the following would constitute a form of real property? 1) a growing crop 2) a holiday trailer 3) a patent 4) furniture

1

A party requesting a pretrial order to allow it to seize material suspected of infringing intellectual property rights is asking a court for an Anton Pillar order. 1) True 2) False

True

A plaintiff's damage award for tort of negligence will be reduced in proportion to his own culpability in causing the loss. 1) True 2) False

True

TrimAll Manufacturing has been found to owe a duty of care to the plaintiff who was severely injured when he stuck his hand in the path of the blade of his lawnmower manufactured by TrimAll. What evidence might persuade a court to deny damages to the plaintiff? 1) evidence that the plaintiff had insurance 2) evidence that the plaintiff was negligent 3) evidence that the plaintiff was working at the time of the loss 4) evidence that the lawnmower was borrowed from a neighbour

2

What is the law's purpose with regard to imposing a higher standard of care on a physician responsible for injuries arising from a wrongful breast removal surgery? 1) to impose the reasonable person test 2) to encourage compliance, competence, care, and caution 3) to reduce the scope and the severity of loss to victims 4) to set the standard through expert evidence

2

Which of the following forms of business organization provides the most control but also the greatest liability risk for the owner? 1) partnership 2) sole proprietorship 3) joint venture 4) corporation

2

Which of the following is a distinguishing characteristic of the tort of deceit? 1) It is a strict liability tort. 2) It is sufficient that the wrongdoer has reckless disregard for the truth. 3) It is sufficient that the wrongdoer's statement was negligently made. 4) It is only available in contractual situations.

2

Which of the following would be most influenced by the distinction between an employment contract with a specified period and an employment contract where such a specification is absent? 1) indefinite-term contractual arrangement 2) termination of employment arrangement 3) duration of fixed-term contract 4) oral or written form of employment contract

2

Which of the following would most likely result in a protected trade secret being compromised? 1) misuse 2) divulgence 3) mutuality 4) similarity

2

Why would a hotel guest who has been injured by a tortious act of the hotel's employee be entitled to claim liability in tort and in contract? 1) Businesses are particularly vulnerable to the doctrine of vicarious liability. 2) Providing a reasonably safe environment is an implied term of the contract. 3) Provision of inadequate service gives rise to primary liability of employees. 4) Businesses are exposed to a wide variety of risks related to tort actions.

2

Avatar Industries is considering suing its neighbour for repeatedly parking its service vehicles on Avatar's lot, despite repeated requests not to do so. Which of the following torts best describes the basis of Avatar's lawsuit? 1) nuisance 2) intrusion of seclusion 3) trespass 4) negligence

3

How should an employee reconcile the duty to uphold the public's interest with the duty of loyalty and good faith to an employer with respect to exposing corporate wrongdoing? 1) The employee should sacrifice public interest to preserve his livelihood. 2) Duty of loyalty to the employer prevails. 3) Public interest must always prevail. 4) The duty of loyalty and good faith is upheld by policy of the courts.

3

In the case of RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc., 2008 SCC 54, the court stated that "the duty does not necessarily extend to preventing parting employees from taking client information...." In this instance, what duty is the Supreme Court referring to? 1) the duty to give notice 2) the duty not to compete 3) the duty of confidentiality 4) a fiduciary duty

3

In order to successfully sue for assault, Bonita must prove that actual physical or offensive contact occurred. 1) True 2) False

False

Manufacturers are not held in tort law to owe a duty to consumers of their products. 1) True 2) False

False

The accused in a criminal action must prove his or her innocence beyond a reasonable doubt. 1) True 2) False

False

The law of torts narrowly restricts the amount of compensation awarded to an injured party when the injury is the result of someone else's blameworthy conduct. 1) True 2) False

False

The law of torts will automatically provide a remedy when someone has been physically or emotionally injured. 1) True 2) False

False

The main tort actions arising from occupation of property relate to passing off, injurious falsehood, and deceit. 1) True 2) False

False

The nature of precedent is inherently contemporary, meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives. 1) True 2) False

False

The tort of negligence is the most uncommon of the torts that arise in a business context. 1) True 2) False

False

When an employer is vicariously liable, the employee who actually caused the plaintiff's loss retains primary liability. 1) True 2) False

False

A judge will likely rely on expert opinions from occupation experts, labour economists, and actuaries when determining the value of an injured plaintiff's diminished earning capacity. 1) True 2) False

True

Contributory negligence legislation apportions responsibility among those whose conduct has led to injury. 1) True 2) False

True

Employers may be liable in tort law with respect to negligence arising from injuries related to the consumption of alcohol during office parties. 1) True 2) False

True

Fraud or deceit is an example of a tort. 1) True 2) False

True

In negligence law, it is possible that a careless defendant will not be found liable for damages he caused if there are policy reasons to negate the imposition of a duty of care. 1) True 2) False

True

In order to avoid responsibility for a tortious act, individuals must take reasonable care to avoid acts or omissions that they can reasonably foresee would be likely to cause injury to others. 1) True 2) False

True

Injurious falsehood consists of untrue statements made about the goods or services provided by that person. 1) True 2) False

True

Intentional torts are harmful acts that are committed on purpose. 1) True 2) False

True

The Trademarks Act contains a statutory form of action that bears a strong resemblance to the tort of passing off. 1) True 2) False

True

The courts will expect a higher standard of care when the defendant is a professional. 1) True 2) False

True

The form of business that provides the most limited sources of capital is a sole proprietorship. 1) True 2) False

True

The law restricts a partner from making a personal profit from partnership property because that would be putting that partner's interests ahead of the other partners. 1) True 2) False

True

The price of a patent monopoly is the requirement to disclose the invention. 1) True 2) False

True

The same event may give rise to legal consequences in criminal law and in tort law. 1) True 2) False

True

The tort of battery involves the intentional infliction of harmful or offensive physical contact. 1) True 2) False

True

The tort of nuisance will usually fail where the intrusion is only temporary. 1) True 2) False

True

The word "tort" is a legal term used to describe any type of harm or injury caused by one person to another, excluding instances of breach of contract. 1) True 2) False

True

To succeed in a defence of voluntary assumption of risk, the defendant must show that the plaintiff - knowing that there was a virtually certain risk of harm - released his/her right to sue for injuries incurred as a result of any negligence on the defendant's part. 1) True 2) False

True

Tort actions that are relevant to business activities can be divided between those that arise because a business occupies a property and those that arise due to actual business operations. 1) True 2) False

True

A judge is hearing a matter involving a claim for damages by an employee. The plaintiff alleges she suffered harm in the course of performing her employment duties, caused by a new manager's careless actions. Which of the following is a distinguishing characteristic of this type of action? 1) Claims alleging an employer's negligent hiring must prove fault by that party. 2) Vicarious liability for negligent hiring relieves the errant employee of liability. 3) Proof of an employer fault isn't required for vicarious liability for employees. 4) An employer's vicarious liability for negligent hiring is a strict liability in law.

1

A machine shop owner relies on his existing employees to source out new potential employees, and most of his employees are now from the same identifiable ethnic group. What form of discrimination might the machine shop be engaged in? 1) systemic discrimination 2) direct discrimination 3) reverse discrimination 4) bona fide discrimination

1

A politician wrongfully accused another politician of election fraud during question period in the provincial legislature. What defence might the offending politician raise in the event she is sued for defamation? 1) absolute privilege 2) justification 3) fair comment 4) qualified privilege

1

An investigation into habitual absenteeism revealed Howard had a second, part-time job. When the work schedules occasionally conflicted, he claimed absence due to illness from his full-time job. By doing so, he received sick pay from one employer while earning a wage from the second. Would the employer be justified in terminating Howard? 1) Dishonesty on Howard's part would justify termination in this instance. 2) Howard cannot be dismissed unless his employer expressly prohibited this behaviour. 3) The employer can terminate Howard only if it first applies progressive discipline. 4) Howard can be immediately terminated because he has breached his fiduciary obligations.

1

Caryn has received a lucrative offer to purchase her shares in a closely held corporation. She is required to give her fellow shareholders an opportunity to acquire her shares at the same price offered by the outsider. Why is Caryn required to do so? 1) A shareholders' agreement gives the remaining shareholders a right of first refusal. 2) A shareholders' agreement provides the legal elements for valuing the entity's shares. 3) The corporation is listed on an exchange as a publicly traded entity. 4) Standard incorporation legislation requires that all shareholders benefit from the sale of individual shares.

1

Greta and Raven are going to be the sole shareholders of a new catering business that will operate in their city. What type of corporation are Greta and Raven most likely considering? 1) a closely held corporation 2) an issuing corporation 3) a public corporation 4) an indelible corporation

1

Hector didn't read the waiver clause in the entry form before signing it and paying his entry fee to compete in a weekend slalom ski-racing event. His neck broke as he landed on top of a pile of large rocks, after an unexpected collision with Juri sent him through a thin, unsupported barrier of mushy walled ice. Which of the following would most strongly support the Supreme Court of Canada's position that, in these circumstances, the defence of volenti non fit injuria would fail? 1) A signed waiver fails as an expression of a victim's true intention. 2) A waiver is an incorrect statement made carelessly. 3) A waiver is a misstatement giving rise to valid action in negligence. 4) A signed waiver fails as a reliable third-party agreement.

1

How does the burden of proof in a criminal case and tort case differ? 1) The burden of proof in a criminal case is higher than in a tort case. 2) The burden of proof in a criminal case is "beyond a balance of probabilities," but it must be "proven beyond a reasonable doubt" in a tort case. 3) The burden of proof in a criminal case rests with the accused, whereas in tort cases it rests with the plaintiff. 4) It is easier to prove a criminal case than it is to prove a tort case

1

Jerry has decided to accept his employer's termination package, which will give him six months pay and benefits in lieu of six months of notice. What condition will the employer likely stipulate in exchange for its agreement to pay Jerry the six months of pay and benefits? 1) that Jerry sign a release giving up his right of action against the employer 2) that Jerry not seek legal advice 3) that Jerry make the decision immediately 4) that Jerry retrain his replacement

1

What is the law's traditional approach to financial or economic losses that are not accompanied by property or personal injury damage? 1) The loss is not usually recoverable. 2) The loss is always recoverable. 3) The recovery of such losses violates the "but for" test. 4) Such losses are recoverable if there is no insurance in place.

1

What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee? 1) It is the significant connection justifying an employer's vicarious liability. 2) Courts consider that the party who benefits from business should bear its associated costs. 3) It is the significant connection prescribed under the doctrine of primary liability. 4) Courts consider that the fact that wrongful acts may occur is a cost of business.

1

Which of the following groups is protected by the Employment Equity Act? 1) women, visible minorities, disabled people, Aboriginal peoples 2) women, children, disabled people, Aboriginal peoples 3) visible minorities, the elderly, and women 4) visible minorities, women, and religious minorities

1

Which of the following is NOT a form of patentable intellectual property for the purposes of Canadian patent law? 1) forms of life 2) business methods 3) a process for applying herbicide 4) a composition of matter

1

Which of the following is a distinguishing feature of the tort of battery? 1) Contact need not cause actual harm. 2) Contact need not be harmful or offensive. 3) Harm must flow directly from contract. 4) Harm must flow from careless disregard.

1

Which of the following may not be patented for policy reasons? 1) medical or surgical methods of treatment 2) pharmaceuticals 3) compositions of matter 4) a useful form of art

1

Why have governments introduced the concept of "a degree of acceptable environmental damage" by way of sophisticated and complex environmental legislation? 1) to displace the importance of common law protections set in nuisance 2) to make environmental trespass actionable without proof of harm or damage 3) to ensure that any guest refusing to leave a campsite when asked is a trespasser 4) to provide the certainty needed for resolving boundary disputes

1

With respect to punitive damages, what is meant by the statement "the employer's bad faith acts must be so malicious and outrageous that they are deserving of punishment on their own"? 1) To attract punitive damages, conduct must amount to an independent actionable wrong. 2) An employer's bad faith act must be particularly egregious to exclude punitive damages. 3) Punitive damages are to be awarded through an award that reflects actual damages. 4) Punitive damages are contrary to the courts' policy of balancing commercial interests.

1

A human rights commission found that Maria's conduct toward a co-worker constituted harassment. What, if any, implications might this decision have for Maria's employer? 1) The employer must terminate Maria's employment. 2) The employer is vicariously liable for Maria's conduct. 3) Her employer will escape liability if it can prove it had no knowledge of Maria's conduct. 4) There will be no negative implications for Maria's employer.

2

A negligence victim experienced a prolonged recovery from injuries owing to an inherent physical weakness. What principle would a court apply to prevent a negligent defendant from escaping liability for full compensation in these circumstances? 1) foreseeability 2) thin skull 3) reasonableness 4) remoteness

2

A senior commercial secretary worked 18 overtime hours on a large commercial deal. Her request for overtime pay was denied. The lawyer indicated that because he often required her to oversee the work of his junior secretary and her contract provided for salaried remuneration, her entitlement to overtime pay was effectively eliminated. In this regard, what would most likely be the position of the provincial labour board? 1) The lawyer's position is enforceable. 2) The lawyer's position is unenforceable. 3) Overtime must be paid at 1.5 times the minimum wage. 4) Managers and supervisors are not entitled to overtime pay.

2

DMB Ballistics Inc. invented a new compound for sheathing bullets and has been displaying and advertising its newly invented compound at trade shows across North America for the past two years. Why might DMB's patent application be unsuccessful? 1) because items made of naturally occurring materials such as metals cannot be patented 2) because its invention has already been disclosed publicly 3) because bullets are not a "new" invention 4) because the invention is a chemical compound

2

Due to her firm's downsizing plans, Marina learned she would be expected to complete clerical work, at her current rate of pay, for five lawyers rather than two. After 25 years of service to the firm, Marina is unhappy with management's decision. Which of the following is her lawyer most likely to indicate as being a valid reason for launching a suit for wrongful termination? 1) A reasonable person would believe the decision to be unfair. 2) Changing a fundamental term of an employee contract amounts to constructive dismissal. 3) The required bad-faith element of constructive dismissal is readily apparent. 4) The test for determining whether novation had occurred would vindicate Marina.

2

Foodworks Grocers is concerned about customer "slips and falls" and has a maintenance schedule that requires employees to conduct inspections of its produce area every 30 minutes for spills. How will this schedule impact Foodworks in relation to its duties as an occupier of the premises? 1) The existence of the schedule will discharge Foodworks' obligations as an occupier. 2) The adherence to its schedule may assist Foodworks in defending a lawsuit from an injured customer. 3) Foodworks will still be strictly liable for any falls that occur in the produce area. 4) Foodworks will only be liable if the customer can prove that its deliberate or reckless conduct caused the customer's fall.

2

Gibert Technologies has developed a cellphone that is very similar in appearance to the iPhone. What tort may Gibert have committed? 1) proprietary trespass 2) passing off 3) inducement of breach of contract 4) product defamation

2

How does Canadian law provide for the protection of personal property? 1) by application of the Charter of Rights and Freedoms 2) by application of statutes and common law principles 3) through the Constitution Act, 1867 4) by application of common law principles

2

How will a trademark derive value if it is unregistered? 1) from a presumption of ownership and validity 2) from its perceived goodwill, which is subject to remedy by the tort of passing off 3) from its ability to prove identical trademarks in the case of a challenge 4) from its creation; it provides broad protection on a geographically national level

2

Jasmine's former employer has been unsuccessful in establishing just cause for her termination, and the court has determined that she is entitled to the equivalent of one year of notice. What will the court use as a basis for calculating the amount of her damages? 1) The court will award her one year of her base salary. 2) The court will calculate the amount of salary and benefits she would have received over a one-year period and may include special damages for out-of-pocket expenses associated with the termination. 3) The court will calculate the amount of her base yearly salary plus her out-of-pocket expenses. 4) The court will award non-pecuniary damages to compensate Jasmine for the humiliation and depression she suffered as a result of the termination.

2

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? 1) because an injured trespasser cannot sue an occupier 2) because the site owner did not intentionally or recklessly cause Jordan's injury 3) because Jordan was only a licensee and not an invitee 4) because the site owner had posted a sign prohibiting trespassers from entering the property

2

Kyrie enjoys a successful freelance career creating advertisement jingles. What category would the intellectual property being created by Kylie would fall into? 1) moral rights 2) copyright 3) trademark 4) confidential information

2

The court has determined that plaintiff's counsel has been unable to show malice. Which of the following would be most strongly supported by this finding by the court? 1) qualified privilege 2) fair comment 3) defamation 4) absolute privilege

2

The injured plaintiff in a car accident lawsuit was not wearing her seatbelt at the time of the accident, resulting in more severe injuries than if she had been wearing her seatbelt. What argument might the defendant make at her trial? 1) The plaintiff consented to the risk. 2) The plaintiff was contributorily negligent. 3) The plaintiff caused the accident. 4) The plaintiff is vicariously liable.

2

Kyle was terminated from his position as an accountant. He believes he was unjustly terminated and intends to sue for wrongful dismissal. The only alternate employment Kyle can find is working as a security guard. Is Kyle obligated to take this job? 1) no, because he was wrongfully terminated 2) yes, because his duty to mitigate requires him to accept any available alternate employment 3) no, because his duty to mitigate does not require him to take a lower-level job 4) yes, because his duty to mitigate requires him to take any available employment while he continues to look for an accounting position

3

Spray Beverages Inc. has applied for protection of the distinctively shaped bottles it uses for its beverages. What type of intellectual property best describes Spray's unique bottles? 1) patent 2) copyright 3) trademark 4) confidential information

3

What are the categories of pecuniary damages that may be awarded in accordance with tort law? 1) compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour. 2) compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy. 3) compensation for out-of-pocket expenses, loss of future income, and cost of future care. 4) no-fault compensation for injured employees in lieu of their right to sue.

3

What aspect of negligence is the law referencing when it applies the neighbour principle? 1) whether the defendant breached the standard of care 2) whether there is causation 3) whether the defendant owed the plaintiff a duty of care 4) whether the damage is too remote

3

What is the common term for publishing a defamatory statement? 1) defamation 2) fair comment 3) libel 4) slander

3

What is the most common defence to an allegation of employment-related discrimination? 1)approved affirmative action 2) approved employment equity plans 3) bona fide occupational requirement 4) group insurance or pension plans

3

What is the term for an employee's deliberate failure to carry out lawful and reasonable orders? 1) willful insolence 2) insubordinate conduct 3) willful disobedience 4) incompatible conduct

3

What would a court most likely rely on when awarding damages to compensate an innocent party for their loss in a case involving joint tort-feasors? 1) each tort-feasor's ability to pay damages 2) each tort-feasor's risk of wrongful conduct 3) each tort-feasor's level of responsibility 4) each tort-feasor's contributory negligence

3

Which of the following correctly describes the implied rights and duties of an employer that wishes to terminate an employment relationship without cause? 1) Employers cannot be sued provided they provide two weeks of notice. 2) Employers cannot terminate without just cause. 3) Employers may terminate but must give reasonable notice. 4) Employers may terminate provided they have "near cause" and give reasonable notice.

3

Which of the following describes the purpose of a "prospectus"? 1) to provide notice of changes in directors 2) to forecast expected profits 3) full, true and plain disclosure of all material facts that are likely to affect the price of the securities in question 4) disclosure of insider trading

3

Which of the following is a disadvantage of the corporation as a business form? 1) It is difficult to transfer ownership. 2) Its shareholders cannot be directors. 3) There are higher costs associated with filing fees and legal costs. 4) It has entirely secured debt arrangements.

3

Which of the following is a distinguishing characteristic of punitive damages? 1) They are intended to compensate victims. 2) They are awarded in cases where the defendant has already been criminally convicted. 3) They are awarded to punish the defendant for malicious, oppressive, or high-handed conduct. 4) They are intended to create a windfall for plaintiffs who have been victims of crimes.

3

Which of the following is a distinguishing characteristic of the tort of assault? 1) It requires physical harm. 2) It only requires offensive physical contact. 3) It requires a threat of imminent physical harm by disturbing someone's sense of security. 4) It is an indictable offence.

3

Which of the following is synonymous in law with the standard used to judge whether a person's conduct in a certain instance is negligent? 1) an ordinary standard of care 2) the prima facie test 3) the reasonable person test 4) a professional's standard of care

3

Which of the following is unnecessary in the successful litigation of an action arising from a negligent tortious act? 1) a prima facie harmful act 2) a standard of care 3) a calculated harmful act 4) reasonable care

3

Why is the application of strict liability necessarily limited by Canadian tort law? 1) Canadian tort law takes contributory negligence into consideration. 2) Canadian tort law is founded on a strict liability system. 3) Canadian tort law is founded on a fault-based system. 4) Canadian tort law is imposed irrespective of proof of negligence.

3

Excel Roofing Ltd. terminated an employee for failing to wear a safety harness while working on a project. What factor or factors might a court consider when determining whether Excel had just cause? 1) the employer's history regarding occupational health and safety violations 2) whether the employee was a full-time or part-time employee 3) whether the employee suffered an injury as a result of not wearing the safety equipment 4) whether the employer can show that clear instructions were given to the employee

4

In the legal context, a manufacturer's responsibility for the design, manufacture, or sale of its products is synonymous with which of the following? 1) a partial defence to relationship of proximity 2) the director's standard of care imposed by professional liability 3) a partial defence to neighbour relationship 4) the standard of care imposed by product liability

4

Jarvis Holdings Inc. owns an office building in which it occupies half of the building but leases the other half of the building to a tenant. Who is the occupier of the building? 1) Jarvis is the owner and therefore the sole occupier of the building. 2) The tenant is the sole occupier. 3) Jarvis and the tenant are both occupiers in relation to the entire building. 4) Jarvis is an occupier of the space it uses and controls, and the tenant is the occupier of the leased premises.

4

Richard was shopping in a sporting goods store when he was approached by a security guard who told him he was suspected of shoplifting. The security guard then told Richard he had to accompany him to an office at the back of the store. Richard had stolen nothing but felt compelled to comply with the security guard's request. Which of the following statements is correct? 1) The security guard has committed the tort of defamation. 2) Richard cannot sue for false imprisonment because he voluntarily complied with the security guard's request. 3) Richard cannot sue for false imprisonment because he was not physically restrained by the security guard. 4) Richard may still sue for false imprisonment because he was coerced into complying with the security guard's request.

4

Roslyn was stopped on her way to her seat during the hockey game and asked to show her ticket, which she readily did. Why did Roslyn have to comply with the usher's request to show her ticket? 1) to allow the usher to point out the exclusion of warranty 2) so she could be ushered to the correct seat 3) so she could confirm entry for the spectators' benefit 4) to show she had paid for the right to enter the premises

4

The duty to love your neighbour imposed by society is synonymous with what duty imposed by law? 1) the duty to be watchful of your neighbour's property 2) the duty to know who your neighbour is 3) the duty to participate in a neighbourhood watch program 4) the duty to not injure your neighbour

4

What commonality exists in the employment relationships between an employer and an independent contractor and an employer and employee? 1) Both are short-term and temporary in nature. 2)Tax savings and flexibility can be derived from either relationship. 3) Both involve a master. 4) Work and services are exchanged for remuneration.

4

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care? 1) testimony from labour and vocational experts 2) expert testimony from accountants and/or actuaries 3) expert testimony from the provincial health insurer 4) testimony from medical, occupational, and rehabilitation experts

4

Which of the following describes the distinction between criminal law and tort law? 1) Tort law doesn't require the defendant's fault, whereas criminal law does require fault. 2) Tort litigation must be commenced by a business, whereas criminal proceedings are commenced by victims of crime. 3) Tort law is concerned with insurance claims, whereas criminal law is concerned with restitution to victims of crime. 4) Tort law is concerned with compensation, whereas criminal law is concerned with punishment.

4

Which of the following describes the relationship of a partner to outsiders of the firm? 1) Partners must act together when dealing with outsiders. 2) Partners cannot bind one another to contracts with outsiders. 3) Partners cannot be agents of the firm. 4) Partners are agents for the firm with the ability to bind the partnership to contracts.

4

Which of the following factors is NOT a consideration when determining a Reasonable Notice Period? 1) character of employment 2) age of the employee 3) length of service 4) manner of dismissal

4

Which of the following might be used to transfer the right to use a particular method of manufacturing light bulbs? 1) a bailment 2) a security interest 3) a patent 4) a licence

4

While a central function of tort law is compensation for innocent victims, why might the application of tort law not result in compensation for an innocent victim? 1) because any fault on the part of the victim will negate his or her claim 2) because the wrongdoer was already convicted criminally for the same wrong 3) because the victim has failed to satisfy the "clean hands" rule 4) because tort law requires blameworthy conduct on the part of the defendant

4

In negligence law, injury caused by unintended culpable conduct on the part of a defendant is non-compensable. 1) True 2) False

False

An employer can never be held vicariously liable for an employee's intentional tort, such as a sexual assault. 1) True 2) False

False

Donaghue v. Solomon is the foundation of modern negligence law. 1) True 2) False

False

A large group of members who have similar claims against the same defendant are unlikely to be given certification as a class action in Canadian courts. 1) True 2) False

False