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Chapter 4 Intentional Torts and Torts Impacting Business
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Chapter 4 Intentional Torts and Torts Impacting Business Business Law In canada 11th Edition By Yates -Test Bank
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Business Law in Canada, 11e (Yates)Chapter 4 Intentional Torts and Torts Impacting Business
1) Which of the following best describes the primary purpose of tort law?
A) To punish wrongdoers
B) To compensate victims of wrongful conduct
C) To ensure that contractual promises are kept
D) To prevent crime
E) To force people to do good, e.g., rescue those in trouble
Answer: B
Diff: 1 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Recall
Objective: Chapter 4: 1. Describe the role of tort law.
Bloom's Taxonomy: Knowledge
2) With regard to the law of tort, which of the following is false?
A) A negligent person causing physical injury to another is responsible to the full extent of the
injury suffered, even though the injured person suffered more than would reasonably be expected
because of a special weakness.
B) An act must be intentional to be classified as a tort.
C) Although a person was not careless and intended no harm, he could still be sued successfully
by someone harmed by a dangerous substance that escaped from his property.
D) Although a signed consent form appears to be a defence to a claim of battery, the court will
look to see if it was informed consent, that is, if the person was told all the relevant facts that
would allow a reasonable person to make a decision.
E) If the court finds the plaintiff contributorily negligent, causing 20% of his loss, he must suffer
that portion of the loss and will not be compensated for it by the defendant.
Answer: B
Diff: 2 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Recall
Objective: Chapter 4: 1. Describe the role of tort law.
Bloom's Taxonomy: Knowledge
1
Copyright © 2017 Pearson Canada, Inc.
,3) Which of the following is false with respect to the law of tort?
A) With assault and battery, a person can successfully sue without having to prove damages.
B) A negligent person causing physical injury to another is responsible to the full extent of the
injury suffered even though the injured person suffered more than would reasonably be expected
because of a special weakness.
C) A person may not succeed with the defence of self-defence if he used excessive force.
D) A customer battered by an employee on the job can sue only the employee, not the employer,
because it was the employee who did the wrong.
E) For consent to be an effective legal defence to a claim of battery, the person consenting must
have been given sufficient information to make a rational decision.
Answer: D
Diff: 2 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Applied
Objective: Chapter 4: 1. Describe the role of tort law.
Bloom's Taxonomy: Knowledge
4) When a court hears a breach of contract dispute, its job is to
A) punish the offender.
B) help the plaintiff.
C) protect the state.
D) compensate the victim of the breach.
E) reward the defendant.
Answer: D
Diff: 1 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Recall
Objective: Chapter 4: 2. Distinguish torts from crimes and breaches of contract.
Bloom's Taxonomy: Knowledge
2
Copyright © 2017 Pearson Canada, Inc.
,5) In January, a driver accidentally caused a snow plow to go off the road, crash into a house,
and enter the living room. No one was hurt, but the incident caused extensive damage to the
house. If the driver of the snow plow was charged with the crime of driving while impaired, and
convicted, which of the following would be true?
A) The owners of the house would have no civil action against the driver because no one was
hurt.
B) The owners of the house could also proceed in a civil action against the driver for the tort of
nuisance.
C) The owners of the house could also proceed in a civil action against the driver for the tort of
negligence.
D) The owners of the house could not proceed in a civil action because the driver had already
gone through a criminal action and he cannot be forced to go through two proceedings for the
action.
E) The driver would be found liable in a civil action only if the prosecutor could prove he was
guilty beyond a reasonable doubt.
Answer: C
Diff: 2 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Applied
Objective: Chapter 4: 2. Distinguish torts from crimes and breaches of contract.
Bloom's Taxonomy: Knowledge
6) Mrs. Kahn arranged a trip to Europe for herself and her two children. Her husband couldn't
go. She spent hours with the travel agent, Mr. Tobin, deciding on the vacation package. She
asked him and wrote a note asking again what documents, shots, etc., would be needed for the
trip. Tobin said and wrote that all they would need would be their passports. Tobin forgot to tell
her that a new regulation required a note from the father allowing the children to leave Canada,
although he had received a memo in red warning him to alert travellers of the new regulation.
When Mrs. Kahn and the children reached Toronto to embark on a plane for London, they were
stopped because she did not have the required note from Mr. Kahn. They lost their reservations
for both the plane and the tour with no refund. On these facts, which of the following is true?
A) A travel agent owes no duty of care to his customers.
B) There could be a civil action against Mr. Tobin and against his employer, although the
employer did no wrong.
C) Mr. Tobin could sue for false imprisonment.
D) There is no possibility of suing Mr. Tobin because he had no intention of hurting anyone; his
oversight was just an accident.
E) Libel is the only tort available for persons injured by another's words.
Answer: B
Diff: 3 Type: MC Page Ref: 100
Topic: Ch. 4 - The Nature of Torts
Skill: Applied
Objective: Chapter 4: 4. Explain vicarious liability indicating when it may be imposed.
Bloom's Taxonomy: Knowledge
3
Copyright © 2017 Pearson Canada, Inc.
, 7) Which of the following actions would result in a successful tort action by the person or
persons wronged? Assume that all the persons involved learn these facts.
A) Mr. Meen wrote a letter to the editor of the Vancouver Sun in which he criticized the mayor
of Vancouver.
B) When Jed accidentally dropped a board and broke Al's glasses, Al threw a cup at Jed, but Jed
saw it coming and moved away in time to avoid being hit.
C) A store detective stopped Joan after she left the shop because he saw her leave with candy she
didn't pay for. She had slipped the unpaid-for candy into her pocket. He detained her for 20
minutes until the police came.
D) An accountant accurately prepared the financial statements of a corporation that he knew
would be used by a potential investor, Mr. Lam. Lam, relying on the statements, invested $10
000 and lost it all.
E) Ed became sick from consuming too much alcohol that he had purchased from the store.
Answer: B
Diff: 2 Type: MC Page Ref: 101
Topic: Ch. 4 - Trespass to Person: Assault and Battery
Skill: Applied
Objective: Chapter 4: 5. Distinguish the torts of assault, battery, and trespass to land, listing the
relevant defences.
Bloom's Taxonomy: Knowledge
8) A person could be liable for the tort of trespass
A) for leaving packages in the wrong person's garage.
B) for leaving the wrong packages in the right person's garage.
C) for sleeping in the garage with the owner's permission.
D) for accidentally knocking down the garage while in a car that was out of control.
E) for attending the "garage sale" at the designated time.
Answer: A
Diff: 1 Type: MC Page Ref: 104
Topic: Ch. 4 - Trespass to Land
Skill: Recall
Objective: Chapter 4: 5. Distinguish the torts of assault, battery, and trespass to land, listing the
relevant defences.
Bloom's Taxonomy: Knowledge
4
Copyright © 2017 Pearson Canada, Inc.
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