Reference no: EM133331006

Questions

1. Tort law defines "intention" more broadly than in normal speech. For example, to be found liable for the intentional tort of trespass to land, a plaintiff has to show that

a. The defendant intended to walk on the land.

b. The defendant intended to cause damage on the land.

c. The defendant intended to cause physical harm to the plaintiff.

d. The defendant intended to cause distress to the plaintiff

2. Allieu crept up behind Carl and hit him with a stick. Carl could sue Allieu for

a. Assault and battery.

b. Nuisance.

c. Assault.

d. Battery.

3. Sylvia owns and operates a clothing store. After she thought that she saw Ted stuff a shirt inside his coat and walk out the door, Sylvia told him to stop and directed him to wait in the store's back room while she called the police. Sylvia was mistaken-Ted did not actually try to steal a shirt. Which of the following statements is TRUE?

a. Ted could not win a claim of false imprisonment because customers consent to being detained when they enter stores.

b. Sylvia may be liable for false imprisonment even if she did not physically touch Ted.

c. Sylvia could not be held liable for false imprisonment unless she knew that Ted was innocent.

d. Ted could win a claim of false imprisonment only if Sylvia persuaded the police to charge him with a crime.

4. While you may be entitled to make a citizen's arrest or remove a trespasser from your property or recover your goods from a thief, in so doing, you can never use anything more than

a. Reasonable persuasion.

b. Subjective force.

c. Subjective persuasion.

d. Reasonable force.

5. The defence of "shopkeeper's privilege"

a. Was created by the Supreme Court of Canada.

b. Is available only if a suspected shoplifter actually committed a crime.

c. Is available only if the shopkeeper detained the suspected shoplifter for the sole purpose of investigating the apparent crime.

d. Is a partial defence but not a complete defence.