1. Which of the following statements about trespass to chattels is TRUE? a. Trespass to chattels is limited to cases involving animals. b. Compensation, equal to the lesser of rep
1. Which of the following statements about trespass to chattels is TRUE?
a. Trespass to chattels is limited to cases involving animals.
b. Compensation, equal to the lesser of replacement cost and repair cost, is the usual remedy.
c. Trespass to chattels requires proof that the plaintiff’s chattels were on the plaintiff’s land when the defendant interfered with them.
d. Trespass to chattels requires proof that the defendant refused the plaintiff’s request to return the chattels.
2. Which of the following is NOT a type of tort?
a. Conversion.
b. Recaption.
c. Detinue.
d. Trespass to chattels.
3. Birinder’s prize possession was an antique cricket bat that he had received from his grandfather. A former friend named Garfield borrowed the bat and will not give it back. Which tort will give Birinder the best chance of recovering the bat rather than the value of the bat?
a. Detinue.
b. Trespass to chattels.
c. Conversion.
d. Recaption.
4. Nelson was starting up an online record album store. He purchased his stock of albums from Dawn, a friend he knew from high school. She was a huge music fan and she was known to have an enormous album collection. Unfortunately, the police recently knocked on Nelson’s door, explained that the albums had been stolen from a business called Spinning Records Inc, and took the albums away. Which of the following statements is TRUE?
a. If Nelson is sued for conversion, he can successfully use the defence of contributory negligence.
b. Nelson cannot be held liable for conversion because he did not intend to commit a tort or a crime.
c. Nelson can be held liable for the tort of conversion even though he acted honestly and reasonably.
d. If Nelson is sued for conversion, he can successfully use the defence of bona fide purchase.
5. Gurpreet recently won a tort case against Amanda. The judge gave a remedy that resulted in a forced sale. What is the most likely explanation for that situation.
a. Gurpreet sued for detinue and the judge ordered Amanda to return a chattel that belonged to Gurpreet.
b. Amanda committed the tort of conversion against Gurpreet.
c. Amanda committed the tort of trespass to chattels against Gurpreet.
d. Amanda used recaption to recover a chattel that she had loaned to Gurpreet.
6. Which of the following is a partial defence?
a. Provocation.
b. Legal authority.
c. Consent.
d. Self-defence.
7. “Honest mistake” is
a. Not a defence for intentional torts.
b. A good defence for intentional torts dealing with property but not for those dealing with people.
c. Another name for contributory negligence.
d. Another name for the defence of consent.
8. Which of the following statements regarding the consent defence is FALSE?
a. Consent is usually revocable.
b. Consent is effective only if it is free and informed.
c. Consent is a partial defence.
d. Consent may be express or implied.
9. Which of the following statements regarding the self-defence defence is TRUE?
a. It is available for battery but not for conversion
b. It allows a homeowner to set a dangerous trap for potential burglars.
c. It may be used for the defence of people or property.
d. It is a partial defence.
10. Devon is a police officer. He detained Trish, whom he believed was attempting to break into a store through a window. In fact, Trish owned the store but she had lost her keys and therefore could not use the front door. Trish has sued Devon for false imprisonment. Which of the following statements is TRUE.
a. Devon can sue Trish for the tort of trespass to land.
b. Devon can use the defence of provocation.
c. Devon can use the defence of legal authority.
d. Devon can use the defence of shopkeeper’s privilege.
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