Question

Looking to buy a bicycle, you walk into a small store called “Rick’s Bikes”. You are shocked by the high prices. You mention to a salesperson that “Beth’s Bikes”, a rival store, has much lower prices. The salesperson says: “Sure, but you and I both know what goes on there. Ever notice how they always scratch off the serial numbers?” If the salesperson’s statement constitutes a tort, the tort is most likely which of the following? Value: 2 marks.

Select one:

a. Slander of Title

b. Trespass to Chattels

c. Conversion

d. Slander of Goods

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Natasha runs an office supply business in downtown Charlottetown. Carl manages Halifax's largest law firm. On 21 July 2020, Natasha wrote Carl a letter, offering to sell him 50 desks at a price of $500 dollars per desk, financed over 12 months. Carl received Natasha’s letter on 23 July 2020. Three days later, on 26 July 2020, Carl wrote the following reply to Natasha: “Dear Natasha, I accept your offer to sell me 50 desks at a price of $500 per desk. I must, however, finance the deal over 16 months. I have enclosed the first payment. Please advise when I should expect delivery”. Carl then dropped his letter in the mailbox.

Which of the following accurately describes an event that might occur? Value: 2 marks.

Select one:

a. No contract is formed between Carl and Natasha because Carl’s acceptance is lost in the mail before reaching Natasha’s store

b. No contract is formed between Carl and Natasha because Natasha refuses to accept Carl’s offer

c. No contract is formed between Carl and Natasha because Carl decides to revoke his acceptance before Natasha receives it

d. No contract is formed between Carl and Natasha because Natasha refuses to accept Carl’s acceptance

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Peter McCrae and Andrey Kopinsky were neighbours on a quiet residential street on the outskirts of Charlottetown. Peter was retired, and spent most of his days exercising and watching motivational entrepreneurs on YouTube. On a sunny Saturday afternoon, Peter decided to monetize his passion for physical exercise. He brainstormed a plan to host exercise classes in his backyard. Peter hosted his first class on July 25, 2019. By July of 2020, Peter was hosting a class in his backyard almost every night. The only problem was that Peter did not have parking space sufficient to accommodate all of his customers. On July 25, 2020, Peter found the following note on his door:

“Peter: You must either stop your classes or find suitable parking space for your customers. Almost every night, one or more of your customers parks in my driveway, blocking my car and preventing me from leaving. I can't enjoy my property and I feel trapped! I will not put up with this any longer. If something doesn’t change, I will sue. From, Andrey."

Assuming that what Andrey wrote is true, Andrey would be most likely to succeed in suing Peter for which of the following torts? Value: 2 marks.

Select one:

a. Intentional interference with economic relations

b. Nuisance

c. Trespass to land

d. Conversion

e. False imprisonment

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What did the Supreme Court of Canada decide in Ford v. Quebec (Attorney General)? Choose the best answer. Value: 2 marks.

Select one:

a. The Charter right to freedom of expression protects freedom of commercial expression.

b. It is illegal for businesses in Quebec to advertise only in the English language.

c. The Charter right to freedom of expression protects commercial expression as long as the expression is bilingual.

d. The Charter right to freedom of expression does NOT protect commercial expression.

Answer 1

5. (b) Trespass to Chattels

Trespass to chattels is a tort whereby the infringing party has intentionally interfered with another person's lawful possession of a chattel(movable personal property). The difference between trespass to chattels and conversion is the degree of interference. Conversion occurs when a person uses or alters a piece of personal property belonging to someone else without the owner's consent. The degree of interference for conversion must be so serious that the tortfeasor, or person accused of committing the tort, may be required to pay the full value of the property.

6. (b) No contract is formed between Carl and Natasha because Natasha refuses to accept Carl’s offer

In this case, Carl has given a counteroffer, which cannot be considered a contract unless Natasha accepts it in writing.

7. (b) Nuisance

Nuisance is a common law tort that means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. It is different from trespass to land in a way that the latter is done intentionally.

8. (d) The Charter right to freedom of expression does NOT protect commercial expression.

Ford v Quebec (AG), [1988] 2 SCR 712 is a landmark Supreme Court of Canada decision in which the Court struck down part of the Charter of the French Language, commonly known as "Bill 101". This law had restricted the use of commercial signs written in languages other than French. The Human Rights Committee found a violation of article 19 which guarantees right to opinion and freedom of expression. The State was ordered to remedy the violation by an amendment to the law.