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Lecture 9

COMM 300 Lecture Notes - Lecture 9: Gambling, Punitive Damages, Detinue


Department
Commerce
Course Code
COMM 300
Professor
Paul Lester
Lecture
9

Page:
of 2
- Yvonne used Benoit's bicycle. Which of the following factors would best support
Benoit's action in detinue
o Yvonne has refused to return the bike to Benoit even though he has sued her
- Bridget borrowed a book from Stefano. She later refused to return it to him when he
asked. Which of the following statements is TRUE
o If Stefano sues for the tort of detinue, the court may simply order Bridget to pay
damages equal to the value of the book.
- Which of the following statements is TRUE
o none of the above
- The Supreme Court of Canada's decision in Aubry v Editions Vice-Versa Inc supports the
proposition that
o a company that publishes photographs may need to secure consent of a person
who appears in a photograph
- Roark Construction Inc built a new high-rise apartment building on a piece of land that it
called Randville. Six months after the building was completed, Cooper, the owner of the
neighbouring property, proved on the basis of records and documents at the land titles
office that Roark's new building extended one metre over the boundary between the two
properties, and therefore is partially located on Cooper's property. Roark was entirely
unaware of that fact during the construction process. Which of the following statements is
TRUE
o Roark may be held liable for an intentional tort even though it did not intend to
commit any tort at all
- Gary successfully sued Nomi for the tort of battery. That may be TRUE if
o all of the above
- Nick was severely injured after he was physically pulled out of Discount Sound. Which
of the following statements is TRUE on the basis of those facts
o none of the above
- Joe walked into JP's Pets, picked up a hamster that he had fallen in love with during a
previous visit to the store, and walked out without even stopping at the cash register.
Which of the following statements is TRUE
o If an employee of the store ran after Joe and grabbed the hamster, that employee
will have committed an act of recaption
- Svends works for Save-the-Forest, a non-profit organization aimed at stopping logging
operations in the interior of British Columbia. The organization has said that it will use
"any means necessary" to achieve its goals. One common tactic is to steal, damage, or
destroy logging trucks and equipment. Svend recently was caught carrying out acts of
sabotage against equipment that belongs to Xarol Logging Inc. Which of the following
statements is TRUE
o If Svend destroyed a machine belonging to Xarol, it may be liable for the tort of
trespass or for the tort of conversion
- Until recently, Aranxta earned a living by taking customers for rides in her vintage bi-
plane. She was forced to give up that business, however, after Nadil, who was her
primary business competitor, deliberately destroyed her bi-plane. Which of the following
statements is TRUE
o Nadil may be held liable for both compensatory and punitive damages
- Nelson borrowed a computer, free of charge, from Compu-Rent Inc. After Nelson
became bankrupt, his trustee in bankruptcy took control of everything that she found on
Nelson's premises, including the computer. Compu-Rent has demanded possession of the
computer, but the trustee in bankruptcy has refused. Compu-Rent therefore claims that
the trustee has committed a tort. Which of the following statements is TRUE
o If the trustee in bankruptcy has committed the tort of conversion against the
computer, it will likely be treated as if she had purchased the thing
- Walter is an experienced and highly successful gambler. He is most successful when
betting on horse races. Until recently, he frequently placed bets at the Scarborough
Downs Race Track. The track's manager, however, ordered her employees to deny Walter
entry to the premises. The manager decided that Walter was winning too much money.
Which of the following statements is TRUE
o all of the above
- In R v Asante-Mensah, the Supreme Court of Canada held that
o an occupier may be entitled to use reasonable force to remove a trespasser
- Jorge bought a ticket to see the Blue Jays in the SkyDome. During the game, he left his
seat and visited a restaurant in the stadium. When he left the restaurant and tried to return
to his seat, he was asked by one of the team's attendants to show his ticket. He refused.
The dispute escalated. He was then arrested by one of the team's security guards. That
arrest purportedly occurred under the Trespass to Property Act. That Act states that an
offence is committed if a person who is “not acting under a right or authority conferred
by law” refuses to leave a property after being asked to do so. Jorge subsequently sued
the baseball team in tort. The main issue at trial was whether or not Jorge was entitled to
remain in the stadium without showing his ticket. Which of the following statements is
TRUE
o Jorge did not commit a tort by refusing to show the attendant his ticket