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Lecture 11

COMM 300 Lecture Notes - Lecture 11: Chalet, Bowling Ball

Course Code
COMM 300
Paul Lester

of 3
- Emily was involved in a business dispute with Jacob. During a private conversation with
Jacob, Emily threatened to spread a rumor that he was having an affair with her unless he
agreed to sign a certain document. She knew that that rumor was entirely untrue, but she
also knew that Jacob was afraid of upsetting his wife, who is very jealous. On the basis of
those facts alone, Jacob would certainly be entitled to succeed in a tort action against
Emily if he sued her for
o none of the above
- Because Katelyn has a disability, she receives daily care from her neighbour, Savannah.
Savannah provides that care out of the goodness of her heart. She does not have an
agreement of any sort with Katelyn. Caleb held a grudge against Katelyn as a result of a
business dispute. He wanted to find some way of hurting her. He therefore told Savannah
that he would burn her house down if she continued to care for Katelyn. Caleb's plan
backfired. Savannah told Katelyn of the threat, and together they reported Caleb to the
police. He was convicted of a crime. Katelyn, however, also wants to sue him for the tort
of intimidation. The claim in intimidation will fail because
o the intimidation was unsuccessful
- To succeed in a claim for intimidation, the plaintiff must prove that
o the defendant's intimidation caused the threatened party to act in a certain way
- Juan entered into a contract with Makayla, under which he promised to add a solarium on
to her house for $25 000. After starting the project, he threatened to abandon the job
unless she agreed to pay him an additional $5000. Makayla wants to sue Juan for the tort
of intimidation. Which of the following statements is TRUE
o That claim will probably fail because a court would prefer for Makayla to sue for
breach of contract
- Connor and Sierra operated competing garages. Most of the work at Sierra's garage was
performed by Vanessa, who was an excellent mechanic. One evening, Connor saw
Vanessa at a bowling alley. He waited for the right moment and then dropped a bowling
ball on her hand. Vanessa suffered a severe and permanent injury that will prevent her
from working as a mechanic. Sierra wants to sue Connor for the tort of interference with
contractual relations. To succeed in that action, Sierra must prove that
o all of the above
- Which of the following statements is TRUE with respect to the tort of interference with
contractual relations
o none of the above
- Miguel and Caitlin own competing computer software companies. The success of
Caitlin's business was due largely to the work of her chief designer, Mia. During a recent
party, Miguel asked Mia if she was happy working for Caitlin. Mia answered, "It's okay, I
guess." Miguel then spent the next hour explaining to Mia how she would earn a great
deal more money, and how she would be involved in much more interesting projects, if
she worked for him instead. Which of the following statements is most likely TRUE
o Connor cannot be held liable to Caitlin for the tort of interference with contractual
relations if the court is satisfied that he provided Mia with information about his
organization, but did not actually persuade her to leave her job with Caitlin
- Alpha Inc, Beta Inc, and Gamma Inc all produced and sold widgets. Alpha and Beta
entered into an agreement that lasted for two years. Under that agreement, Alpha agreed
to sell widgets only in the western provinces and Beta agreed to sell widgets only in the
eastern provinces. The parties also agreed, for the two-year period, to sell their widgets
for a price that was below their own costs. That agreement violated the Competition Act.
As a result of the performance of that agreement, Gamma suffered enormous financial
o Alpha and Beta may be held liable for the tort of conspiracy as long as they
should have known that their agreement would cause Gamma to suffer a loss
- Which of the following statements is TRUE with respect to the tort of conspiracy
o The tort is harder to prove if the defendants conspired to commit a lawful act than
if they conspired to commit an unlawful act
- Brandon intended to start a new company. He issued a public statement regarding the
proposed business venture. That document contained a false statement to the effect that
Brandon had received government authorization to use nuclear power for his venture. In
fact, authorization had not yet been granted and, indeed, was eventually refused. After
reading Brandon's public statement, Abigail invested in the company. She later lost her
investment when the company folded. She then sued Brandon for the tort of deceit.
Which of the following statements is TRUE
o Even if Brandon is held liable, Abigail will not necessarily receive damages
representing the value that her investment would have had if Brandon's statement
had been correct
- Dylan committed the tort of deceit against Hilary. He tricked her into investing $5000 in
his business. If his statement had been true, her investment would now be worth $8000.
However, because his statement was untrue, her investment has fallen in value to $4000.
How much will Hilary probably receive in compensatory damages
o $1000
- Alejandro and Chloe were involved in negotiations for the purchase and sale of her
business. She may be held liable for the tort of deceit if
o she made a prediction about the profitability of the business that was based on
income tax returns that she knew contained false information
- Jasmine operated a small chalet in a mountain region. Isaiah rented one of her rooms for
the night. Under the traditional common law rules regarding the tort of occupiers'
liability, he would best be classified as
o a contractual entrant
- Generally speaking, there are three sets of rules for the tort of occupiers' liability: the
traditional common law rules, the judicially modified common law rules, and the
statutory rules. The concept of common humanity is relevant if the plaintiff is
o a trespasser under the modified common law rules