21) Betty Groper and Susan Mikel had a big quarrel.In order to get revenge on Susan, Betty posted the following statement to her Facebook page: "Susan Mikel is a thief. She will steal anything that is not chained down.". Based on the facts presented, which of the following statements most accurately describes the legal position?

A) Betty has committed slander against Susan.

B) If Susan sues Betty for defamation, Betty can rely on the defense of fair comment.

C) Betty has not committed any torts against Susan because it is not likely that anyone will take her words seriously.

D) Susan can sue for defamation if the statements made about her are not true

E) If Susan sues Betty for defamation, Betty can rely on the defense of justification.

22) Pablo persuaded his grandmother, Gerty, to sell him her car for $1,000. They both knew the car was worth much more than that. However, Gerty did not need the car anymore and loved her grandson, so she agreed to sell him the car. The next day Gerty found out that Pablo was planning to sell the car to a friend for $8,000. If Gerty wishes to get out of the contract with Pablo, which of the following issues would likely become most relevant?

A)Misrepresentation

B)Duress

C) Lack of consideration

D)Illegality

E)Undue influence

23) To establish whether or not there is a duty owed to be careful to another, the courts apply:

A) The duty-breach-damages test.

B) The concerned parent test.

C) The reasonable person test.

D) The reasonable foreseeability test.

E) The standard of conduct test.

TRUE/FALSE.

24) Under the Constitution Act of 1982, Provincial Governments have been given the power to make laws concerning matters of a local and private nature in the Province.

25) A doctor is concerned that if a patient doesn't have an operation, the patient may become very ill. There is a very slight chance of blindness resulting from the operation. The chance is so slight that the doctor does not tell the patient for fear the patient may not have the operation. The patient consents to the operation. The operation is not a success, and the patient goes blind. Which of the following is true?

A) The doctor has committed the tort of assault.

B) The doctor has committed a criminal assault.

C) The doctor has not committed a tort because the patient consented to the operation.

D) The doctor has committed the tort of battery.

E) The doctor has not committed a tort because he honestly acted in the patient's best interest.

26) Jonas and his friends have been behaving in a disorderly manner at the local public shopping mall so the property manager advised them in writing that they were no longer allowed onto the premises.Which of the following statements is correct?

A) Jonas and his friends cannot be barred from the mall as it is a public mall

B) If Jonas and his friends enter the mall again they will commit the tort of conversion.

C) If Jonas and his friends enter the mall again they will be trespassers

D) Jonas and his friends had been trespassing in the mall all along as they had never been given express permission to be there.

E) Jonas and his friends can enter the mall again if they behave themselves

27) Which of the following statements is not true with respect to contracts?

A) The purpose of the contract must not be for an illegal object

B) Contracts which are not in writing may still be enforceable

C) The parties to a valid contract must have the requisite legal capacity

D)Contracts made with a minor are never enforceable

E) All of the above statements are true.

28) Chelsea Bridge is 17 years old, but looks 21. She buys an expensive home entertainment system for $2,000 on credit, telling the salesperson that this is her 21^st birthday present to herself. The salesperson honestly believes her. She makes two payments of $100 each, and then can't pay any more. The store sues her for the balance owing. Which of the following is true?

A) Because Chelsea lied about her age, the contract is enforceable against her.

B) Because Chelsea looks over 21, the contract is enforceable against her.

C) The contract is not enforceable against Chelsea.

D) The contract is enforceable only in the province of Quebec.

E) Both A and B

29) Rudolph and Randy are about to exit a store in a shopping mall when the store manager approaches them and accuses them of having stolen something. Rudolph tells the Manager that she is mistaken and indicates to Randy that he is going to leave. In a loud voice the Manager tells them "if you dare leave this store before the police gets here, I will ensure that everyone in this mall know that you are a bunch of thieves" Rudolph and Randy decide to wait until the police get there at which time the police conduct a search of their bags and discover that they had in fact stolen something from the store.Which of the following is correct?

A) Rudolph and Randy were not falsely imprisoned as they were never physically restrained

B) No tort has been committed by the manager.

C) Rudolph, but not Randy can sue for false imprisonment as only he (Rudolph) had expressed a desire to leave the store.

D) Rudolph and Randy can successfully sue the store owners for false imprisonment.

E) The tort of false imprisonment does not arise on the facts as police personnel were involved.

30) If a provincial legislature passes a law prohibiting advertising by alcohol companies, on which of the following laws would a legal challenge most likely be based:

A) Provincial Human Rights Legislation

B) The Administration of Justice Act

C) The Constitution Act 1867.

D) The Charter of Rights and Freedoms

E)The Canadian Human Rights Act