Brian Takes Great Pride in Being Obnoxious

question 30

Multiple Choice

Brian takes great pride in being obnoxious.One of his favourite ploys is to talk loudly on his cellphone during movies.Unfortunately for him, few people see the humour in his behaviour, and some become positively hostile.Brian learned that lesson several months ago during a late night show at the Bijou Theatre.After he rudely refused to quiet down, Brian was asked by Myriam, the theatre's night manager, to leave the premises.Brian loudly refused that request as well.Myriam then announced that she was going to the lobby to call the police to escort Brian off the premises.The moment she left the room, however, another customer named Ivan jumped Brian from behind, knocked him senseless with a single, vicious blow to the back of his head, and dragged his limp body out the exit and into the alley behind the theatre.Which of the following statements is most likely TRUE?

• A)Because Ivan, by removing Brian from the premises, was performing the type of act that is normally performed by an employee, the theatre may be vicariously liable for any torts that Ivan may have committed.
• B)If Ivan's actions constitute a crime, then he will be held liable to Brian for compensatory damages only if there is proof beyond a reasonable doubt that Ivan also committed a tort.
• C)Given the violent nature of Ivan's attack on Brian, a court almost certainly would apply a strict liability tort.
• D)As long as Ivan and Brian both contribute to a workers' compensation scheme, Brian will be entitled to compensation from that scheme.
• E)Ivan may be liable to Brian for punitive damages even if he is not convicted of any crime.

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Definitions:

Sherman Act

A landmark federal statute in the field of United States antitrust law passed by Congress in 1890 to prohibit monopolistic business practices.

Restraints of Trade

Legal restrictions or conditions that limit the freedom of businesses or individuals to conduct their trade or business activities unimpeded.

Celler-Kefauver Act

A United States antitrust law passed in 1950, aimed at prohibiting certain types of corporate mergers and acquisitions that reduce competition.

Antitrust Laws

Legislation (including the Sherman Act and Clayton Act) that prohibits anticompetitive business activities such as price fixing, bid rigging, monopolization, and tying contracts.