Chapter 3: Tort Law - Part 2

Remedies available for torts include which of the following?

• Prison sentences and damages.

• Specific performance and injunctions.

• Damages and injunctions.

• Restraining orders and restitution.

Negligence is established only when the plaintiff proves that the defendant could reasonably foresee:

• that the plaintiff would purchase the defendant’s goods.

• that the plaintiff or someone like them might be harmed or incur loss as a result of the defendant’s actions.

• that the plaintiff or someone like them might be harmed or incur loss as a result of the defendant’s actions, and that the full extent of the harm actually suffered by the plaintiff was also reasonably foreseeable.

• that the plaintiff would rely, unjustifiably, on the defendant’s warnings.

How can a business attempt to limit its liability in tort?

• By conducting safety tests on products and services and documenting test results.

• By maintaining retail and other premises in good repair and conducting regular safety patrols.

• By printing warnings on products advising of potential dangers.

• By doing all of the above.

To succeed in a defence based on fair comment, a defendant’s comment must:

• be based on a conclusion that is reasonably supported by evidence

• not be motivated by malice.

• be on a matter of public interest.

• all of the above.

Which is the best strategy for business owners to manage the risk of lawsuits based on the law of nuisance?

• Restricting entry to dangerous areas.

• Conducting market research before designing new products.

• Complying with all land-use laws, such as zoning by-laws, building codes, and environmental laws.

• None of the above.

To establish that the defendant committed the tort of interference by unlawful means, the plaintiff must prove that:

• . the defendant’s business is a direct competitor of their own and that the defendant has gained an economic advantage over the plaintiff by unlawful means.

• the defendant intended to harm the plaintiff’s business, that the defendant committed an unlawful act to do so, and that the plaintiff suffered actual harm as a result.

• the defendant intended to harm the plaintiff’s business and that the harm was done with knowledge on the part of principals of the defendant’s corporation.

• the defendant committed an unlawful act with the intent to harm the plaintiff’s business, whether or not actual harm occurred.

Who can sue a manufacturer for injuries related to the negligent design of a ski helmet under product liability law? Choose the best answer.

• The original purchaser only.

• The original purchaser and any second-hand purchaser, as long as the helmet is sold with the original packaging bearing safety warnings.

• Any wearer of the helmet, whether or not they purchased it, as long as safety warnings are visible on the helmet.

• Any wearer of the helmet.