Which of these isnottrue about a tort as distinguished from a crime?

Select one:

a.

The relevant law is private law

b.

The accused owes an obligation to the plaintiff

c.

The plaintiff sues the accused

d.

The usual remedy is punishment

Under tort law, a loss may be held to be too remote if:

Select one:

a.

It was not reasonably foreseeable that the careless action could cause the loss

b.

The careless action does not pass the "but-for-test"

c.

Too much time has elapsed between the action and the injury suffered

d.

All of the above

This complete defence to a tort action asserts that the plaintiff freely agreed to accept the risk of injury or loss:

Select one:

a.

Contributory Negligence

b.

Voluntary Assumption of Risk

c.

Illegality of the act that caused the harm

d.

Lack of a standard of care

In terms of product liability, there is a duty of care on a Canadian manufacturer to give consumers warning:

Select one:

a.

About risks of a product that are not reasonably foreseeable to the manufacturer

b.

When even though a product may be defective, dangers may arise when it is used

c.

When, after a product has been placed on the market, the company becomes aware of the potential dangers in its use

d.

Both b & c

The defence of qualified privilege in a defamation case means that:

Select one:

a.

The statement was true

b.

The statement was made in Parliament or court

c.

The statement was made in course of duty and in the belief that it was true

d.

The statement expressed an opinion on a matter of public interest

This needs to be proved by a customer who accuses a business of the tort of deceit:

Select one:

a.

The defendant knew the statement was false or acted recklessly and without regard to the truth

b.

The defendant intended to mislead the plaintiff

c.

The plaintiff suffered a loss because he relied on the statement

d.

All of the above

You threaten that a supplier send a rush shipment of parts, thereby leaving the supplier out-of-stock and unable to send parts to the plaintiff with whom it had a prior agreement of sale. You are:

Select one:

a.

Guilty of the tort of intimidation

b.

Guilty of the tort of interference with contractual relations

c.

Guilty of the tort of deceit

d.

Not guilty- that's just business

In an action for negligence, there must be a close and direct connection between the parties. This refers to:

Select one:

a.

Proximity

b.

Reasonable foresee-ability

c.

Policy grounds

d.

The neighbour principle

Under tort law, a reasonable person is defined as:

Select one:

a.

Someone of average intelligence

b.

Someone of average intelligence who takes all possible precautions to avoid causing harm to another

c.

Someone of average intelligence who will prudently exercise reasonable care considering all of the circumstances

d.

"reasonable" cannot be defined