Question
91 . Which of the following is synonymous in negligence law with the statement it is not enough to establish some of the steps or
91 . Which of the following is synonymous in negligence law with the statement "it is not enough to establish some of the steps or even most of them"?
- the plaintiffs requirement to prove each and every step
- the defence ofvolenti non fit injuria
- the plaintiffs automatic entitlement to damages
- the right to recover a loss of income.
92. What is the consequence of a finding that the plaintiff was contributorily negligent in a negligence action?
- The plaintiff will recover 50% of his or her damages.
- The plaintiffs claim will be dismissed.
- Responsibility for the losses will be apportioned between the plaintiff and defendant.
- The defendant can sue the plaintiff for damages.
97. What is a distinguishing characteristic of the t01t ofpassing off?
- It is a strict liability tort.
- Goodwill or a reputation must be attached to the plaintiff s product.
- The defendant must have intended to confuse the public.
- The plaintiff must have trademarked their product.
98. What is a distinguishing characteristic of the tort of battery?
- It requires the plaintiff to prove harm.
- It only requires offensive physical contact.
- It requires proof of intent to harm.
- It is an indictable offence.
99, Carrie writes a blog in which she reviews local restaurants. She recently published a blog which was highly critical of a restaurant because it mixed up her order and she found the food was cold and flavourlessall of which she shared with her readers. What defence might Carrie avail herself to if she is sued by the restaurant for the tort of defamation?
- fair comment
- qualified privilege
- absolute privilege
- responsible communication on matters of public interest
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