All Quiz questions Done

Question 1

Which of the following is not an essential element of negligence?
A. A duty of care is owed to the negligent person.
B. A breach of the duty of care owed to the plaintiff
C. The victim suffers loss
D. A duty is care is owed to the victim
E. The victim’s loss was caused by he who breached the duty

Answer 1

A. A duty of care is owed to the negligent person.

Question 2

Select the most accurate assertion about negligence:
A. We owe a legal duty to anyone who suffers loss as a result of our negligent act.
B. We owe a legal duty to anyone negatively affected by our negligent act.
C. We owe a legal duty to anyone who we can reasonably foresee might be harmed by something we do.
D. We owe a legal duty to anyone who we can reasonably foresee will certainly be harmed by something we do.
E. We owe a legal duty not to say anything that we can reasonably foresee might cause damage to someone if they are subject to the “but for” test.

Answer 2

C. We owe a legal duty to anyone who we can reasonably foresee might be harmed by something we do.

Question 3

Which one is different?
A. Fair comment
B. Qualified privilege
C. Fiduciary duty
D. Truth
E. Absolute privilege

Answer 3

C. Fiduciary duty

Question 4

Which one is different?
A. Passing off
B. Inducing breach of contract
C. Negligent misstatement
D. Fraudulent misrepresentation
E. Assault

Answer 4

C. Negligent misstatement

Question 5

Which one is different?
A. Breach of contract
B. Inducing breach of contract
C. Libel
D. Assault
E. Negligence

Answer 5

A. Breach of contract

Question 6

Which one is different?
A. Causation
B. Damages
C. Duty of care
D. Breach of duty of care
E. Defamation

Answer 6

E. Defamation

Question 7

Which one is different?
A. Contributory negligence
B. Inducing breach of contract
C. Volenti
D. Tort not committed during the course of employment.
E. No damage caused

Answer 7

B. Inducing breach of contract

Question 8

Peter is the marketing manager and a director of Waterland Works Ltd. (WWL) which is in the business supplying and installing fountains in residential and commercial buildings across Canada. His wife tells him about a mall developer who is looking to install several fountains in a mega-mall. His wife gave the developer Peter’s business card. After meeting the developer, he quits his job, sets up his own company to supply and install fountains and then enters into a contract to do so with the mall developer. Peter had no written employment agreement with WWL. Peter is…

A. in breach of an implied term of his employment agreement not to compete with his former employer.
B. liable for the tort of inducing breach of contract between the mall developer and WWL.
C. not in breach of his fiduciary duty to WWL because the information about the mall developer originated with his wife.
D. in breach of his fiduciary duty to WWL because he met with the mall developer before he quit his job.
E. liable to WWL for the tort of negligence because he could reasonably foresee that if contracted with the developer he would cause financial damage to WWL.

Answer 8

D. in breach of his fiduciary duty to WWL because he met with the mall developer before he quit his job.

Question 9

T/F: If a lawyer handles a transaction the same way as other competent lawyers have handled it in the past and the transaction goes wrong, he cannot be successfully sued for negligence.

Answer 9

F

Question 10

T/F: If an accountant draws up financial statements for a company so that the company can seek financing from a bank, the accountant can be liable to the bank for her own negligence even though she has no contract with the bank.

Answer 10

T

Question 11

T/F: Vicarious liability means liability for other people’s actions.

Answer 11

T

Question 12

T/F

Vicarious liability occurs through the fault of the employer.

Answer 12

F

Question 13

T/F

Passing off refers to the tort of passing a vehicle in a prohibited lane.

Answer 13

F

Question 14

T/F

Parents are vicariously liable for the torts of their children.

Answer 14

F

Question 15

T/F

If a professional gives wrong advice he or she is strictly liable.

Answer 15

F

Question 16

T/F
A professional can be held liable to a third party for negligent misstatement even though that third party is not the professional’s client or customer.

Answer 16

T

Question 17

T/F

We are liable to those who we can reasonably foresee will be damaged by our careless acts.

Answer 17

T

Question 18

T/F

To be characterized as discrimination the conduct can be intentional or unintentional.

Answer 18

T

Question 19

T/F
An employer’s rule requiring pilots to have 20/20 vision would constitute discrimination if it were proved through reliable research that 20/40 vision was sufficient for competent, safe operation of aircraft.

Answer 19

F

Question 20

T/F

The B.C. Human Rights Code prohibits harassment.

Answer 20

F

Question 21

T/F

Employers are vicariously liable for the unauthorized discriminatory conduct of their employees.

Answer 21

T

Question 22

T/F

Employers are vicariously liable for workplace harassment perpetrated by their employees.

Answer 22

F

Question 23

T/F
When an employee is dismissed from her job and is subsequently successful on a human-rights complaint under the Human Rights Code, the Human Rights Tribunal has no jurisdiction to reinstate her.

Answer 23

F

Question 24

T/F

Employers can withhold sums of money from wages if there is a court order saying so.

Answer 24

T

Question 25

T/F
Under the ESA the employer and employee can agree to waive the required notice of termination requirements if the Director of Employment Standards agrees.

Answer 25

F

Question 26

T/F

If an employee works in excess of 12 hours in a day he is entitled to time and a half.

Answer 26

F

Question 27

T/F

Employees who resign before completing a full year of employment are entitled to vacation pay.

Answer 27

T

Question 28

T/F

If an employee’s spouse passes away that employee is entitled to one week’s bereavement leave.

Answer 28

F

Question 29

T/F

Pay equity is governed by the Pay Equity Act of B.C.

Answer 29

F

Question 30

T/F
Under the B.C. Human Rights Code employers must, as a general principal, pay women the same rate of pay as men for the same work other things, such as seniority or merit, being equal.

Answer 30

T

Question 31

T/F
Under Federal law, the Federal Contractors Program (FCP) requires provincially regulated businesses with at least a hundred employees contracting with the Federal government for $200,000 or more to ensure pay equity among their workers.

Answer 31

T

Question 32

T/F
The main purpose of the Employment Equity Act is to ensure that women working for federally regulated businesses get equal pay for equal work.

Answer 32

F

Question 33

T/F

FCP employers are required to adopt special measures to achieve equity objectives.

Answer 33

T

Question 34

T/F

It is unlawful for an employer to monitor an employee’s email or web browsing.

Answer 34

F

Question 35

T/F
Even if the employee does not consent her employer can monitor her email if it is for the purpose of managing or terminating their employment relationship.

Answer 35

T

Question 36

T/F
If Shirley’s prospective employer calls her present employer for a reference, her present employer has an implied duty to provide relevant personal information about Shirley without her consent.

Answer 36

F

Question 37

T/F
The purpose of the Workers’ Compensation Act (WCA)is to provide a fund that employers can draw from when they are sued by workers who suffer on-the-job injuries.

Answer 37

F

Question 38

T/F

Banks are not covered by the WCA and must purchase their own insurance to cover worker injury.

Answer 38

F

Question 39

T/F
If a worker while on the job dies because of his consumption of illegal drugs prohibited by his employer his family will probably be entitled to receive a death benefit under the WCA.

Answer 39

T

Question 40

T/F
When making a claim for disability the burden of proof is on the worker to show that his injury was in some way caused by his work.

Answer 40

T

Question 41

T/F
If a worker contracts a disease listed in Schedule B and he is working in an industry identified in Schedule B as associated with this disease, then he will succeed in getting compensation under the WCA.

Answer 41

F

Question 42

T/F

Compensation for mental stress is not possible under the WCA. The employee must apply under the Mental Disability Act.

Answer 42

F

Question 43

T/F
Where a disability is permanent the employee can get extra benefits such as damages for pain and suffering under the WCA.

Answer 43

T

Question 44

T/F
Where an employee is permanently disabled and unable to work he can be compensated with a periodic payment equal to his average earnings for life.

Answer 44

F

Question 45

T/F

WCB does not finance employees’ retraining after injury; this is within the jurisdiction of Manpower Canada.

Answer 45

F

Question 46

T/F

Employees and employers contribute to the Workers’ Compensation fund.

Answer 46

F

Question 47

T/F
Workers’ whose claims are rejected by a review officer can appeal to the Workers’ Compensation Appeals tribunal within 30 days.

Answer 47

T

Question 48

T/F

Every employer has the overriding duty to take every reasonable precaution to protect the health and safety of workers.

Answer 48

T

Question 49

T/F
Workers do not have the right to refuse to do work that is unsafe unless it has been certified unsafe by a “person in authority” at the workplace or worksite.

Answer 49

F

Question 50

T/F
Non-compliance with OHS regulations may result in a criminal offence which are “strict liability” offences in which the Crown does not have to prove “intention.”

Answer 50

T

Question 51

T/F
When a company is charged with a criminal offence under the OHS regulations it can set up a defence of “due diligence”, which means it did not know a particular work process or work environment was hazardous to health or that it compromised safety.

Answer 51

F