business-law-122-practice-test-winter-2022-marked

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School

Toronto Metropolitan University *

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Course

122

Subject

Law

Date

Apr 3, 2024

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pdf

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5

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Business Law 122 Practice Test Winter 2022 Marked Bussiness Law (Toronto Metropolitan University) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Business Law 122 Practice Test Winter 2022 Marked Bussiness Law (Toronto Metropolitan University) Scan to open on Studocu Studocu is not sponsored or endorsed by any college or university Downloaded by Xuyen Bui (buithihaxuyen0911@gmail.com) lOMoARcPSD|38128861
LAW 122 Practice Test Examination Rules The test is 60 minutes long. The test is open book, including student notes and class presentations. You can answer the questions using your laptops or on a sheet of paper. This is a practice test and not part of your assessment for Law 122. 1 Downloaded by Xuyen Bui (buithihaxuyen0911@gmail.com) lOMoARcPSD|38128861
1. Eric owns and operates the Cozy Corner restaurant. The restaurant has a take-out service for customers to phone in orders and have them delivered to their homes. Ian is employed by Eric to deliver the meals. In his haste to deliver a meal, Ian failed to stop at a stop sign and crashed into a car driven by Jennie, causing considerable damage. What is the legal claim that Jennie may bring for the damage to her car? [1 mark] The Tort of Negligence Jennie may hold Eric legally liable for the damage caused by Ian crashing the delivery van into her car. True / False [1 mark] Briefly explain your answer using IRAC rule and relevant case law. [3 marks] The issue here is whether Eric can be vicariously liable to Jennie for the negligent acts of Ian. The legal test or requirements for vicarious liability is that the employee, in the course of his/her employment is engaged in acts authorized by the employer or acts closely connected to the employment relationship. In this case, Ian was carrying out his duty of meal delivery, which was an action deemed to be in the course of his employment and authorized by his employer Eric. Therefore, Eric will likely be held vicariously liable for negligent actions of Ian’s, i.e., failing to stop at a stop sign and crashed into Jennie’s car, causing considerable damage. The decision in Bazley v. Curry is instructive here where the Supreme Court of Canada held a charitable organization liable for the action of Curry, who sexually assaulted children in the charitable home on the grounds that Curry’s action were closely connected to his employment. Based on the facts of this case at hand and the Supreme Court’s decision in Bazley v. Curry, Eric will most likely be vicariously liable to Jennie for negligent acts of the Ian. 2. Ten-year-old James lives with his older brother Frank, who is 28 years old. Gerry (9 years old) visited his friend James. Gerry and James were in Frank’s room for a while playing video game. While they were there, Frank came into his room and asked Gerry if he saw a $100 bill on the table, Gerry answered no. Frank got furious and yelled at Gerry to give up the $100 bill he had stolen from his room. Gerry emptied his pockets and told Frank he did not see or take any money and emphasized he was telling the truth. Frank ordered his brother James out of the room, Gerry tried to leave Frank’s room as well but Frank blocked his way and shut the door and locked it with the key and took the key. James was already in the living room by this time. Frank left the house and said to James his younger brother, that should teach your friend a lesson and make him confess. Gerry was locked in the room alone with no way to get out. Though the window was open, and Gerry could easily pass through the window, it was the third floor of the house – it would be unreasonable and unsafe to pass through the window and risk as fatal. There was no 2 Downloaded by Xuyen Bui (buithihaxuyen0911@gmail.com) lOMoARcPSD|38128861
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