Question 1

Which of the following statements regarding privacy law is false?

Accepted Answer

Self-regulation has not proven effective in the area of privacy law as many companies have been found to be in violation of privacy regulations and have faced legal action as a result. Therefore, the statement that self-regulation has proven most effective is false.

Question 2

According to the case of Ahmad v. Ontario Hydro, when a company puts extensive pressure on another to breach its employment relationship with a long-term employee, damages may be awarded for

Accepted Answer

The case of Ahmad v. Ontario Hydro is about inducing breach of contract, where Ontario Hydro put pressure on Ahmad's employer to end their employment relationship with him. Therefore, damages may be awarded for inducing breach of contract.

Question 3

Which of the following is true in respect of privacy law in Canada?

Accepted Answer

Organizations in the private sector in Canada are subject to legislated responsibilities with respect to the personal information they collect. The Personal Information Protection and Electronic Documents Act (PIPEDA) applies to all private sector organizations engaged in commercial activities across Canada, with some exceptions for provincially regulated organizations in certain provinces that have substantially similar privacy legislation. The other options are incorrect: A) While the common law may offer some privacy protection, it is not the primary source of privacy law in Canada; B) PIPEDA applies to all organizations, not just the government; C) Privacy laws are considered necessary to protect individuals since voluntary efforts may not be sufficient; and E) Both the federal and provincial governments have the power to enact privacy legislation in Canada.

Question 4

In Braintech v. Kostiuk, the Court confirmed that in Internet disputes the action should be brought in a jurisdiction having

Accepted Answer

The Court confirmed that in Internet disputes, the action should be brought in a jurisdiction having a real and substantial connection to the case. This means that the jurisdiction has some significant relationship to the parties or the subject matter of the dispute. This ensures that the court has the authority to hear and make decisions on the matter. The other options are not necessarily relevant in deciding jurisdiction in an Internet dispute.

Question 5

Azar had been working for the Burger Baron for a number of years, most recently under Lai, the latest in a series of managers. Azar became ill and had to take repeated sick days, both to rest and to attend appointments with various specialists. It became impossible for Azar to continue working there, and Lai gave her notice of termination. While Azar was working out the last days of her notice period, Lai continued to harass her over and over again for her previous absences. Lai could face an action for

Accepted Answer

Lai's repeated harassment towards Azar for her previous absences while she was still working out her notice period could be considered intentional infliction of mental suffering. It is an intentional act that causes significant emotional distress to the victim, which is likely the case for Azar in this scenario.

Question 6

Zoe sets up a private meeting with her lawyer, Will, to get his advice on how to protect a secret recipe she has devised. Later that day, Will gives a copy of the recipe to his wife, to use in her restaurant. Which of the following is true?

Accepted Answer

Will has breached his duty of confidentiality to Zoe by providing the secret recipe to his wife, which is a misuse of information of a confidential nature. Zoe can sue for a breach of confidence in this situation. The fact that Will did not misuse the information himself or that the information is a recipe does not negate the breach of confidentiality. The spousal privilege only protects confidential communication between spouses, not information obtained in breach of confidentiality. It is also possible for Zoe to sue her own lawyer in this situation, as the breach of confidentiality constitutes a violation of his professional duty to her as a client.

Question 7

Where it forces a businessperson to do something that harms the business, even the threat of violence or some other illegal activity can constitute a tort. This tort is known as

Accepted Answer

The tort that is described involves the use of force or illegal activity to harm a business, which is commonly known as intimidation.

Question 8

Malicious prosecution occurs when a person

Accepted Answer

Malicious prosecution is the act of initiating a criminal or quasi-criminal prosecution with malice and without reasonable grounds. This means that the person who initiated the prosecution did so with the intent to harm the accused person or gain some personal advantage, rather than in good faith with legitimate legal reasons.

Question 9

Marco is a clothing designer whose business is failing. He believes that he will be able to sell more of his clothing if he puts a Calvin Klein label on them. Why is this not a good idea?

Accepted Answer

Putting a different label on clothing and branding it as a more established brand is considered passing off, which is a form of trademark infringement. It is illegal and can result in legal action being taken against Marco by the owner of that brand.

Question 10

Intentionally appropriating the goods of another can give rise to an action in

Accepted Answer

Intentionally appropriating the goods of another is considered conversion, which is a legal action for the wrongful possession or use of property belonging to another person.

Question 11

The tort of deceit involves

Accepted Answer

The tort of deceit involves intentionally misleading another person with fraudulent intent, which results in damage to the victim. This is also known as fraud or intentional misrepresentation. The other options describe different legal wrongs.

Question 12

The Alberta Court of Appeal decision in Walter Stewart Realty Ltd. v. Traber involves a breach of confidentiality. What does this case illustrate?

Accepted Answer

The case illustrates that a breach of confidence can occur not only through the disclosure of confidential information to someone else but can also involve the inappropriate use of that information for one's own purpose. This highlights the importance of protecting confidential information and only using it for the intended purpose.

Question 13

Interference with economic relations is actionable even where no breach of contract has taken place, but

Accepted Answer

Interference with economic relations is only actionable if there is some other unlawful conduct associated with the complaint, such as bribery or defamation. This means that the conduct complained of must go beyond mere competition and involve some sort of intentional wrongdoing. Additionally, actual harm must have been suffered by the plaintiff as a result of the interference. There is no requirement for negligence or a breach of contract, but damages may be awarded if the plaintiff can prove that they suffered losses as a result of the interference.

Question 14

The federal legislation that regulates the collection and use of personal information in the private sector is known as the

Accepted Answer

The Personal Information Protection and Electronic Documents Act (PIPEDA) is the federal legislation that regulates the collection and use of personal information in the private sector.

Question 15

Where two or more persons act together using unlawful means to hurt the business interests of another, this is referred to as the tort of

Accepted Answer

The tort of "conspiracy to injure" refers to a situation where two or more people work together to harm the business interests of another person through unlawful means. This can include actions such as spreading false information about the person or their business, or interfering with their contracts or business relationships.

Question 16

In the case of Procor Ltd. v. U.S.W.A., what did the Court find?

Accepted Answer

The answer of In the case of Procor Ltd. v....

Question 17

Invasion of a person's property may take the form of all of the following except

Accepted Answer

Detinue is a legal term related to the wrongful detention of someone else's property, and is not directly related to the invasion of a person's property as described in the other options.

Question 18

Conversion takes place in all of the following instances except

Accepted Answer

The answer of Conversion takes place in all of the...

Question 19

Which of the following statements is correct?

Accepted Answer

Trespass to chattels involves direct intentional interference causing damage to the goods of another. Product defamation (A) involves making false statements about the quality of someone else's goods. Detinue (B) involves wrongfully withholding someone else's goods. Conversion (D) involves intentionally taking, using, or selling another's goods without authorization. Option E is incorrect as wrongful interference with goods can be actionable as a business tort, depending on the circumstances.

Question 20

All of the following are examples of unfair competition except

Accepted Answer

Intentionally lowering prices to encourage customers to purchase its products is not an example of unfair competition. Fair competition allows for businesses to use pricing strategies to attract customers. The other options involve intimidation, theft of confidential information, or redirection of customers, which are all unethical and illegal behaviors in competition.

Quiz 4: Intentional Torts