BUSINESS LAW 261 QUIZ

BUSINESS LAW 261 QUIZ BUS 261 ON1 Student Name:_Ritul Joshi_ Student No.:____ 50-minute duration. Must be returned within 50 minutes of receipt. INSTRUCTOR - GERRY PALMER A. DEFINE AND EXPLAIN THE SIGNIFICANCE OF THE FOLLOWING: (1) (a) Libel (1) (b) Summary Judgment (1) (c) Vicarious Liability (1) (d) False Imprisonment (1) (e) Examination for Discovery - what is it and what is its purpose? (1) (f) Assault (1) (g) Notice of Civil Claim (1) (h) Nuisance (2) (i) Occupiers Liability - what is it and what are the levels of care? B. CASE #1 Calvin was driving his vehicle on King Road in Abbotsford after leaving a course at UFV and through a lack of attention, ran into the back of a vehicle that was stopped ahead of him in his lane at the red light at the intersection of King and McCallum Roads. When Calvin got out of his vehicle Hobbes ran up to him and accused him repeatedly in a loud voice of being drunk, which he was not. When Hobbes would not stop yelling, Calvin told him that if he did not stop yelling, he, Calvin, would strike Hobbes. Hobbes did not stop. Calvin did strike him, causing the loss of several teeth. As Calvin returned to his car, Hobbes ran up to him and knocked him down, causing broken ribs. (4 Marks) (a) Hobbes sued Calvin, and Calvin counter claimed. Identify all torts and advise how successful each tort claim would be. (6 marks) (b) Set out steps of a Supreme Court Action that Hobbes will have to pursue to obtain a judgment against Calvin. (each relevant point you raise shall be worth 1/3 mark) This study source was downloaded by from CourseH on :27:54 GMT -05:00 Tort of negligence applies when someone accidentally causes injury to another person. In this case, tort was committed by Calvin, intentionally and unintentionally. In this case, when Calvin started driving, he had a lack of attention which is negligence and if any harm caused, is because of that negligence. Case of Negligence against Calvin:  Duty: Duty of driver is to drive safely in state of consciousness and not harming any other vehicle. But he hit the other vehicle.  Breach: When Calvin caused harm to Hobbes vehicle.  Cause: The lack of attention caused the accident.  Damage: Hobbes vehicle was damaged