Jake's Rakes and Yard Services Ltd. 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 Jake's Rakes and Yard Services Ltd. What evidence might persuade a court to deny all damages to the plaintiff?

Question 1 options:

1)

evidence that the plaintiff had insurance

2)

evidence that the plaintiff was contributorily negligent

3)

evidence that the plaintiff voluntarily assumed the risks of his actions

4)

evidence that the lawnmower was borrowed from a neighbour

Question 2(1 point)

Olaf is playing flag football, where the rules do not allow contact. He is tackled from behind by a player on the other team. Which of the following is correct?

Question 2 options:

1)

This is the tort of negligence

2)

This is the tort of assault

3)

This is the tort of battery

4)

This is the tort of deceit

5)

This is the tort of interference with contractual relations

6)

This is the tort of defamation

7)

This is the tort of passing off

8)

No tort occurred here

Question 3(1 point)

Without even discussing it with you, a surgeon decides to remove your appendix while you are having a hernia repair. This procedure is called an appendectomy. There is nothing wrong with your appendix, but the surgeon is doing some research in this area and is collecting appendixes.

Question 3 options:

1)

This is the tort of negligence

2)

This is the tort of assault

3)

This is the tort of battery

4)

This is the tort of deceit

5)

This is the tort of interference with contractual relations

6)

This is the tort of defamation

7)

This is the tort of passing off

8)

No tort occurred here

Question 4(1 point)

A trial judge determines that the defendant was negligent, the plaintiff's loss is worth $150,000, and that there was 20% contributory negligence by the plaintiff. The plaintiff will be awarded the following amount as damages:

Question 4 options:

1)

$0

2)

$30,000

3)

$100,000

4)

$120,000

5)

$150,000

6)

none of the above are correct

Question 5(1 point)

Suspecting a burglar was attempting to enter his garage, Delwin let his Dobermans outside to take care of the threat. He was shocked six months later when he was served with a lawsuit claiming damages for the serious injuries inflicted by the Dobermans' bites on the thief's hands and legs. Why has Delwin been named as a defendant in this lawsuit?

Question 5 options:

1)

Delwin is the occupier and occupiers must have insurance for this.

2)

Delwin owes a duty of care not to intentionally or recklessly cause injury to the trespasser.

3)

Delwin owes a duty of care to trespassers to ensure his property is reasonably safe, based on the neighbour principle.

4)

It is unreasonable to expect burglars to read "no trespassing" signs.

Question 6(1 point)

A professional athlete earns has three years left on her contract. Another team successfully persuades the athlete to leave her current team and play for them. Which of the following is correct?

Question 6 options:

1)

This is the tort of negligence

2)

This is the tort of assault

3)

This is the tort of battery

4)

This is the tort of deceit

5)

This is the tort of interference with contractual relations

6)

This is the tort of defamation

7)

This is the tort of passing off

8)

No tort occurred here

Question 7(2 points)

Which of the following is NOT a defence to defamation? There may be more than one answer.

Question 7 options:

1)

I honestly believed what I said

2)

I was repeating what I heard

3)

I honestly believed what I said in court

4)

What I said was true and I can prove it

Question 8(1 point)

An elderly woman with osteoporosis (which can cause weak bones) 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 expect a court to determine with respect to a negligence claim by the elderly plaintiff?

Question 8 options:

1)

The elderly claimant will receive full compensation due to the thin skull principle.

2)

The elderly claimant will not be awarded any damages, due to the thin skull principle.

3)

The elderly claimant will receive full compensation due to the remoteness principle.

4)

The elderly claimant will not be awarded any damages, due to the remoteness principle.

Question 9(1 point)

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 statement best describes this situation?

Question 9 options:

1)

The security guard has committed the tort of negligence.

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 psychologically coerced into complying with the security guard's request.

Question 10(1 point)

Jacia was driving down the Deerfoot and caused an accident that delayed traffic for two hours. One of the drivers in another car didn't get to the bank on time to deposit a cheque and as a result, suffered a loss due to a bad credit rating. Which of the following is correct?

Question 10 options:

1)

This is thin skull, so Jacia is liable for the loss due to a bad credit rating

2)

This is thin skull, so Jacia is not liable for the loss due to a bad credit rating

3)

This is remoteness, so Jacia is liable for the loss due to a bad credit rating

4)

This is remoteness, so Jacia is not liable for the loss due to a bad credit rating

Question 11(1 point)

I throw my recycling into the neighbouring vacant lot for months, and have created a mess. Which of the following is correct?

Question 11 options:

1)

This is trespass

2)

This is negligence

3)

This is nuisance

4)

No tort has occurred here

Question 12(3 points)

Hanny went rock climbing and was seriously injured. He claims that the rock-climbing facility ("RCF") did not maintain its equipment and caused his injury. Which of the following are true?

Question 12 options:

1)

Hanny is the Plaintiff, RCF is the Defendant

2)

RCF is the Plaintiff, Hanny is the Defendant

3)

When looking at negligence, the court would look at whether RCF had a duty of care, whether RCF breached the standard of care and whether RCF caused the injuries

4)

When looking at negligence, the court would look at whether Hanny had a duty of care, whether Hanny breached the standard of care and whether Hanny caused the injuries

5)

When looking at contributory negligence, the court would look at whether RCF's carelessness caused this situation or made it worse

6)

When looking at contributory negligence, the court would look at whether Hanny's carelessness caused this situation or made it worse