1. Esther Emmanuel is a well-known provincial politician who has been praised for her ability to balance a Cabinet position as Minister of Social Services and family life. She is o
1. Esther Emmanuel is a well-known provincial politician who has been praised for her ability to balance a Cabinet position as Minister of Social Services and family life. She is often photographed at public events with her husband and three young children. A nanny who had worked in the Minister’s home for several months recently sold an expose on the Minister’s home life to a national newspaper. Part of the article is based on the contents of a diary that the nanny found in the Minister’s bedside table. The article will allege that the Minister has been involved in several extra-marital affairs and that she often leaves the children and household in the care of hired staff for weeks at a time. When at home, she barely speaks to her spouse, regularly spanks and berates her children, and terrorizes staff members. The legal option that is LEAST likely to be available to the Cabinet minister in this situation is
a. A lawsuit based on intrusion upon seclusion.
b. A lawsuit based on public disclosure of private facts.
c. A lawsuit based on misappropriation of personality.
d. A lawsuit based on breach of confidence.
2. A married couple made a video of their private moments. Several years later, they separated. The husband has showed the video to the couple’s friends in order to embarrass his wife. This situation is MOST LIKELY to lead to a successful claim for
a. Misappropriation of personality.
b. Intentional infliction of mental distress.
c. Assault.
d. Defamation.
3. The case of Jones v Tsige is important because it
a. Recognized the tort of public disclosure of private facts.
b. Recognized the tort of intrusion on seclusion.
c. Recognized the tort of intentional infliction of mental distress.
d. Recognized the general tort of invasion pf privacy.
4. Which of the following statements is TRUE?
a. The plaintiff usually has to request the return of the chattels before suing for conversion.
b. Trespass and conversion deal with interference with chattels, but detinue deals with the detention of chattels.
c. Trespass is available for land but not chattels.
d. A forced sale is the normal remedy for trespass.
5. Petra owns and operates a store that sells one-of-a-kind hats. Her store unfortunately suffers from a great deal of theft. As she came out of a theatre last week, Petra noticed that Chaz was wearing a hat that she knew had been stolen from her store a week earlier. Which of the following statements is TRUE?
a. The Criminal Code allows Petra to arrest Chaz.
b. Petra can sue Chaz for the tort of recaption.
c. The doctrine of provocation allows Petra to steal something from Chaz.
d. Chaz can be held liable in tort even if he honestly bought the hat from the thief who stole it.
6. Which of these situations does NOT constitute trespass to land?
a. Billie’s Frisbee flew into a neighbour’s garden, shattering a window in the greenhouse.
b. The electrical meter reader approached the side of the Marshalls’ home without permission to record the family’s energy consumption for the past month.
c. The construction crew installing a swimming pool in the backyard of a home carelessly dug up part of the neighbour’s lawn with their backhoe.
d. Jethro ignored a fence and signage to go onto municipal parkland hunting a pheasant.
7. Which of the following is NOT a situation in which a business can restrict access to its premises?
a. A bar does not permit entry to a person who was earlier asked to leave because of rowdiness.
b. A grocery store does not permit entry to a person previously convicted of shoplifting.
c. A casino does not permit entry to a compulsive gambler who has been previously barred.
d. A restaurant does not permit entry to a person of a certain ethnic origin.
8. Which of these statements is a true depiction of the concept of self-defence?
a. Self-defence is only available as a defence for police officers and others who are acting in a law-enforcement capacity.
b. Self-defence can only be used as a defence to a battery if you attacked in your own home.
c. As long as you are acting in self-defence to a battery, you can use as much force as you want to protect yourself from harm.
d. The force you use to defend yourself from battery must be reasonable, but a judge will not measure with nicety the amount of force used.
9. Which statement most accurately describes provocation?
a. Provocation is a defence to a criminal charge only, and is not available in civil lawsuits.
b. Provocation is never available to private security personnel, who are legally expected to exercise restraint no matter how aggravating the circumstances they encounter.
c. Provocation is a partial defence, meaning it is generally used to reduce the damages on the basis of the plaintiff’s own actions.
d. Provocation is a complete defence to a lawsuit related to battery.
10. What term is used to describe the tort that occurs when a person is confined within a fixed area without justification?
a. False imprisonment.
b. Invasion of privacy.
c. Battery.
d, Assault.
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