Chat with AIExam 10: Introduction to Tort Law
Describe conduct on the part of the plaintiff that might constitute "contributory negligence" in the case of a car accident.How will a finding of contributory negligence impact the plaintiff's case?
(36) 
VerifiedContributory negligence is a defence that applies when a plaintiff's own carelessness contributed to his or her injuries or losses.This defence is very common in car accidents,and examples of contributory negligence might include failure to wear a seatbelt or speeding that caused the injuries of the plaintiff to be more severe than they might have otherwise been.The court will assign a percentage of fault to the plaintiff's conduct and reduce the plaintiff's damages award by a corresponding amount.
What is the common law rule regarding the availability of compensation when the plaintiff's contributory negligence contributed to his/her injury? How has this been changed by legislation?
(34) VerifiedThe common law rule is that where a plaintiff has negligently contributed to their own injury,the amount of compensation recoverable from a tort-feasor is reduced.Legislation provides for the apportionment of the amount of damages awarded based on the defendant's proportion of responsibility for the occurrence of the injury.
Explain what must be valued by a judge with respect to determining the amount of an award for loss of future income.Identify the parties a judge is likely to rely on to arrive at a decision as to the amount of compensation to be awarded.
(41) VerifiedWith respect to a compensatory award for loss of future income,a judge is required to value the plaintiff's diminished earning capacity resulting from injury.The calculation is typically complex,and the court relies on the input of vocational experts,labour economists,accountants,and actuaries in order to determine the amount of compensation that ought to be awarded to the victim.
What would a lawyer representing an individual wrongfully imprisoned as a result of a fraudulent act on the part of a Crown prosecutor most likely seek as compensation for her client's intangible injuries?
(38) Generally,supporting expert evidence is required to sustain an action for damages for emotional distress.
(35) Distinguish between pecuniary and non-pecuniary losses.Which of these can lead to compensation under the principles of tort law?
(32) Armand,who previously had no reason to believe he was in poor health,crashed his truck into a parked car after unexpectedly fainting at the wheel.Under these circumstances,why might the owner of the damaged vehicle be prevented from recovering compensation from Armand?
(36) Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?
(37) In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another's tortious act,which of the following would also qualify for monetary compensation under tort law?
(31) Provide a brief explanation of the circumstances that would involve joint liability under the law of torts.Include a brief discussion of how legislation assists an innocent victim to recover amounts awarded where there is joint liability for the tort.
(33) Contributory negligence legislation apportions responsibility among those whose conduct has led to injury.
(30) How would a court determine the amount by which to reduce a plaintiff's award where that party has also acted negligently?
(38) Which of the following describes a justification for the doctrine of vicarious liability?
(31) What must a finding of guilt or innocence beyond a reasonable doubt be based on?
(36) In order to avoid responsibility for a tortious act,individuals must take reasonable care to avoid acts or omissions that they can reasonably foresee would be likely to cause injury to others.
(30) Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by the subsequent use of a defective product.
(35) Which of these statements correctly describes the relationship between tort law and criminal law?
(38) Which of the following is most likely attributable to a private prosecution?
(32) 
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