Exam Questions and CORRECT Answers
Trespass - CORRECT ANSWER In order for this to exist, intrusions onto another's property
must be significant and not reasonable
Slander: Oral
and
Libel: Written - CORRECT ANSWER Defamation comes in two forms. What are they?
Oral:
Written:
Thin Skull Rule - CORRECT ANSWER The principle that a defendant is liable for the full
extent of a plaintiff's loss, even where a pre-existing condition makes the harm more serious than
it otherwise might be
Trespass to Chattels (property) - CORRECT ANSWER If Jerry gives Tom his car to do
repairs and return it the same day, but instead Tom drives the car to BC for the week, what type
of tort has Tom committed?
Trespasser - CORRECT ANSWER A person who goes onto another's property without or
invitation
Professional Negligence - CORRECT ANSWER If a lawyer or accountant gives her client
incompetent advice that causes the client to suffer a loss, the lawyer or accountant has committed
what type of tort?
Mitigating - CORRECT ANSWER A defendant can lessen the amount of damages that he
might otherwise have to pay for committing a tort if he can show that there were _______
circumstances at the time the tort took place
, Intentional Torts - CORRECT ANSWER Harmful acts committed on purpose are known as
what?
Occupier's Liability - CORRECT ANSWER For injury that occurs on a certain property is
determined on whether the visitor to the property is a trespasser, licensee, invitee, or contractual
entrant
Assault - CORRECT ANSWER This tort occurs when there is a threat of imminent physical
harm without there being any actual physical contact
Licensee - CORRECT ANSWER Any person whose presence on an occupier's property is not
a benefit to the occupier but to which the occupier has not objection
Fraud or Duress - CORRECT ANSWER When consent is raised as a defence in a tort action,
the consent is invalid if it was obtained by _______ or __________
Passing Off - CORRECT ANSWER This tort might occur inadvertently when a business
name is used that is so familiar to an already existing business name that the public is misled into
thinking that the businesses are related
False imprisonment - CORRECT ANSWER A security guard who detains a shopper because
he unreasonably assumes that the shopper has stolen from the store, what type of tort has the
security guard committed?
Pure Economic Loss - CORRECT ANSWER Tort law is traditionally reluctant to grant
recovery of this or financial loss which results from a negligent act where there has been no
accompanying property or personal injury damage
Self-Defence - CORRECT ANSWER This may be used as a defence to an intentional tort, as
long as the purpose of the action taken is to prevent is to prevent future or continued aggression
and not to initiate an attack