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Lecture 6

BUSA 364 Lecture Notes - Lecture 6: List Of Street Fighter Characters, Intentional Tort, Liability Insurance


Department
Business Admin
Course Code
BUSA 364
Professor
Keith Laidley
Lecture
6

Page:
of 2
- The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates
both a hockey team by that name and the Kingston Arena. The Maroons employ Gilbert
Douglas, who is the team's star player. During a recent game, Douglas was sent to the
penalty box by the referee. Unhappy with the referee's decision, Douglas slammed the
penalty box door shut. That caused the protective glass attached to the penalty box to
shatter. Cherie, a fan who was sitting nearby, was cut by the broken glass. The evidence
indicates that the accident was caused partly by Douglas's carelessness in slamming the
penalty box door shut, and partly by the fact that the Maroons organization had carelessly
installed the protective glass. Both Douglas and the Maroons therefore committed the tort
of negligence. Which of the following statements is probably TRUE
o The Kingston Maroons Corp is vicariously liable only if Douglas is personally
liable
- Which of the following statements is TRUE with respect to the doctrine of vicarious
liability
o While vicarious liability provides employers with more incentive to act carefully
when selecting, training, and supervising employees, it also tends to provide
employees with less incentive to act carefully as they perform their jobs
- Elise owns and operates a convenience store. Because that store is located near a high
school, it loses a great deal of profit to shoplifting. Last week, Elise caught Hakan in the
act of stealing a magazine. She physically detained him and called the police. The police
arrived and placed Hakan in handcuffs. At that point, Elise calmly and intentionally
punched Hakan in the face and said, "I've been waiting a long time for the chance to do
that." Elise has a liability insurance policy that she purchased from the Pacific All Risk
Insurance Co. Which of the following statements is TRUE
o If Elise is found liable for the tort of battery, she will probably have to pay the
damages herself
- During an argument in a nightclub, Marie deliberately slapped Caesar's face. She had
done so many times before, with few consequences. On this occasion, however, the slap
caused Caesar to suffer a blood clot that led to a serious injury. The medical evidence
indicates that Caesar had always suffered from a rare condition that made him unusually
vulnerable to such complications. Neither Caesar nor Marie had any way of knowing
about that pre-existing condition. Which of the following statements is TRUE
o because she committed an intentional tort, Marie cannot avoid liability on the
basis of the doctrine of remoteness
- Gawain and Julie are neighbours. Gawain committed the tort of trespass to land by
smashing a window in Julie's attic with a baseball bat. Julie could have quickly and easily
fixed that damage by paying a home repair company $1000. Instead, she did nothing for
eight months. At the end of that period, a thunderstorm caused rain to pour into Julie's
attic through the broken window. Julie then paid a home repair company $4000 to fix
both the broken window and the damage caused to the attic by the rain. Which of the
following statements is TRUE
o A court would probably award Julie compensatory damages of $1000
- Which of the following statements is TRUE
o none of the above
Punitive damages serve the same basic purpose as nominal damages
Punitive damages are only available for unintentional torts
Punitive damages are only available for intentional torts
Punitive damages cannot be awarded in addition to compensatory
damages
- Which of the following statements is TRUE
o Nominal damages are generally only available for torts that are actionable per se
- Which of the following statements is TRUE with respect to alternative compensation
schemes
o Workers' compensation schemes usually prevent the victim of a workplace
accident from suing in tort
- Which of the following statements is TRUE
o A person may be subject to an obligation in tort law even if they did not agree to
that situation
- Christine entered into a contract with Vernon. She was required to pay $5000 and he was
to provide advice regarding a business venture that she was pursuing. If Vernon had
performed properly, Christine would have earned a profit of $20 000. As a result of
Vernon's careless performance, however, Christine suffered a loss of $10 000 (in addition
to the $5000 that she had paid to Vernon). Christine wants to sue Vernon in both contract
and tort. Which of the following statements is TRUE
o none of the above
- Terry committed a tort against Julia by using her computer, without her permission, while
she was away on vacation. Which of the following statements is TRUE
o Terry may be held liable in tort even if he has already been convicted of a crime
as a result of his use of Julia's computer
- Which of the following statements is TRUE with respect to the concept of a blood feud
o The concept allowed the family of a murder victim to kill the murderer or
someone in the murderer's family
- Makayla successfully sued Deacon for the tort of defamation. In that situation, the term
tortfeasor refers to
o Deacon as the person who committed the tort
- Which of the following statements is TRUE with respect to the relationship between tort
and contract
o The concept of privity is important in contract but not in torts