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Exam 12: Other Torts

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Question 31

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Passing off involves presenting another's goods or services as one's own.

A) True
B) False

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Question 32

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What is a distinguishing feature of court awards for damages arising from an actionable tort of interference with contractual relations?

A) personal service contracts are exempted from specific performance
B) specific performance is rarely awarded in master/servant relationships
C) damages are exempted in instances of inducement of breach of contract
D) courts rarely award damages for breach of personal service contracts

E) A) and D)
F) None of the above

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Question 33

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Bonita has been given a new assignment relating to preparing a list of possible legal risks associated with the business's newly leased office space.Bonita will need to consider occupier's liability,trespass,and nuisance in relation to risks arising from occupation of property.

Identify the types of torts that arise from business operations in relation to its customers.Provide a brief explanation of the assurances the law seeks to provide through the application of these types of torts.

Martina is meeting with a group of new trainees.One of management's main training goals is to improve employee awareness of the legal risks that can arise under occupiers' liability.What will Martina most likely stress as a distinguishing feature of this form of liability?

Which of the following is synonymous with the phrase "protect the reputation of individuals against unfounded and unjustified attacks" with respect to an actionable tort?

What is a distinguishing characteristic of the tort of passing off?

PaintForU recently came up with a marketing plan that will refer to its competitor and suggest to readers that the competitor uses untrained and unskilled workers,a fact for which PaintForU has no evidence to support.What tort action might the competitor bring against PaintForU?

Foodworks Grocers is concerned about customer "slips and falls" and has a maintenance schedule that requires employees to conduct inspections of its produce area every 30 minutes for spills.How will this schedule impact Foodworks in relation to its duties as an occupier of the premises?

Outline the similarities and differences between the torts of defamation and injurious falsehood.

The torts of assault and battery are very common in the business and professional context.

It is entirely possible to have more than one occupier of land or a building.

The act of coming onto another's property without the occupier's express invitation or implied consent gives rise to the tort of invasion of privacy.

A new clothing store is training its staff on how to handle suspected cases of shoplifting.What advice should employees be given?

An injunction is a common remedy sought in the case of the tort of trespass

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 flavourless-all 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?

Roger's soccer team completed the entry form and submitted the fee to participate in a local weekend promotional tournament.Several players in the opening games became nauseated and very ill due to exposure to residue from a pesticide sprayed on the fields an hour earlier.In formulating a legal argument,which of the following could be applied to reach the equivalent to the standard of care set by Manitoba occupiers' liability legislation?

Which of the following is a distinguishing feature of the tort of battery?

Leakage from a gold mine's tailings pond eventually leached through the soil,contaminating the groundwater system with high levels of cyanide.Dairy farmers in the region suffered heavy losses from the illness in their herds caused by the poisoned well water.With respect to the right to use and enjoy land,which of the following would a lawyer advising the farmers likely suggest as grounds for an actionable tort?

As she exited her bank's building,Tallama's foot became entangled in a thick rope hanging from the building maintenance worker's window-washing platform onto the ground.Tallama lost her balance and broke her arm as she awkwardly hit the ground.Under which of the following torts will Tallama's lawyer most likely commence an action to recover damages?