Question 1

The tort of battery involves the intentional infliction of harmful or offensive physical contact.

Accepted Answer

A) True 
 B)False

Question 2

Draco is a bouncer employed by Diggers Nightclub.Contrary to the employer's instructions that rowdy patrons were to be removed with as little force as possible,Draco lost his composure and seriously injured a very intoxicated patron while removing him from the premises.Diggers is now being sued by the patron.Explain why Diggers might be found vicariously liable for Draco's conduct.

Accepted Answer

Employers are liable for an employee’s w

Question 3

The word "tort" is a legal term used to describe any type of harm or injury caused by one person to another,excluding instances of breach of contract.

Accepted Answer

A) True 
 B)False

Question 4

Fraud or deceit is an example of a tort.

Accepted Answer

A) True 
 B)False

Question 5

What are the categories of pecuniary damages that may be awarded in accordance with tort law?

Accepted Answer

A)  compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour 
B)  compensation for pain and suffering,loss of enjoyment of life,and loss of life expectancy 
C)  compensation for out-of-pocket expenses,loss of future income,and cost of future care 
D)  no-fault compensation for injured employees in lieu of their right to sue 
A)  compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour 
B)  compensation for pain and suffering,loss of enjoyment of life,and loss of life expectancy 
C)  compensation for out-of-pocket expenses,loss of future income,and cost of future care 
D)  no-fault compensation for injured employees in lieu of their right to sue

Question 6

Which of the following is a distinguishing characteristic of punitive damages?

Accepted Answer

A)  They are intended to compensate victims. 
B)  They are awarded in cases where the defendant has already been criminally convicted. 
C)  They are awarded to punish the defendant for malicious,oppressive,or high-handed conduct. 
D)  They are intended to create a windfall for plaintiffs who have been victims of crimes. 
A)  They are intended to compensate victims. 
B)  They are awarded in cases where the defendant has already been criminally convicted. 
C)  They are awarded to punish the defendant for malicious,oppressive,or high-handed conduct. 
D)  They are intended to create a windfall for plaintiffs who have been victims of crimes.

Question 7

Marion ran a red light,colliding with Amand's vehicle.Amand had consumed four beers before getting behind the wheel.He suffered two broken legs in the accident and missed work for 14 months.Marion filed a defence seeking to reduce the amount of any damage award made against her.What would the court need evidence of in order to accept Marion's defence?

Accepted Answer

A)  joint tort-feasors 
B)  contributory negligence 
C)  vicarious liability 
D)  intentional tort 
A)  joint tort-feasors 
B)  contributory negligence 
C)  vicarious liability 
D)  intentional tort

Question 8

Which of the following is synonymous with the legal term "punitive damages"?

Accepted Answer

A)  special damages 
B)  pecuniary damages 
C)  exemplary damages 
D)  general damages 
A)  special damages 
B)  pecuniary damages 
C)  exemplary damages 
D)  general damages

Question 9

Why would a hotel guest who has been injured by a tortious act of the hotel's employee be entitled to claim liability in tort and in contract?

Accepted Answer

A)  Businesses are particularly vulnerable to the doctrine of vicarious liability. 
B)  Providing a reasonably safe environment is an implied term of the contract. 
C)  Provision of inadequate service gives rise to primary liability of employees. 
D)  Businesses are exposed to a wide variety of risks related to tort actions. 
A)  Businesses are particularly vulnerable to the doctrine of vicarious liability. 
B)  Providing a reasonably safe environment is an implied term of the contract. 
C)  Provision of inadequate service gives rise to primary liability of employees. 
D)  Businesses are exposed to a wide variety of risks related to tort actions.

Question 10

What are the legal terms given to the party bringing a criminal action and to the party bringing a tort action?

Accepted Answer

A)  petitioner,complainant 
B)  applicant,plaintiff 
C)  appellant,complainant 
D)  the Crown,plaintiff 
A)  petitioner,complainant 
B)  applicant,plaintiff 
C)  appellant,complainant 
D)  the Crown,plaintiff

Question 11

While a central function of tort law is compensation for innocent victims,why might the application of tort law not result in compensation for an innocent victim?

Accepted Answer

A)  because any fault on the part of the victim will negate his or her claim 
B)  because the wrongdoer was already convicted criminally for the same wrong 
C)  because the victim has failed to satisfy the "clean hands" rule 
D)  because tort law requires blameworthy conduct on the part of the defendant 
A)  because any fault on the part of the victim will negate his or her claim 
B)  because the wrongdoer was already convicted criminally for the same wrong 
C)  because the victim has failed to satisfy the "clean hands" rule 
D)  because tort law requires blameworthy conduct on the part of the defendant

Question 12

How do the burdens of proof in criminal cases and tort cases differ?

Accepted Answer

A)  The burden of proof in a criminal case is higher than in a tort case. 
B)  The burden of proof in a criminal case is "beyond a balance of probabilities," but it must be "proven beyond a reasonable doubt" in a tort case. 
C)  The burden of proof in a criminal case rests with the accused,whereas in tort cases it rests with the plaintiff. 
D)  It is easier to prove a tort case than it is to prove a criminal case 
A)  The burden of proof in a criminal case is higher than in a tort case. 
B)  The burden of proof in a criminal case is "beyond a balance of probabilities," but it must be "proven beyond a reasonable doubt" in a tort case. 
C)  The burden of proof in a criminal case rests with the accused,whereas in tort cases it rests with the plaintiff. 
D)  It is easier to prove a tort case than it is to prove a criminal case

Question 13

The injured plaintiff in a car accident lawsuit was not wearing her seatbelt at the time of the accident,resulting in more severe injuries than if she had been wearing her seatbelt.What argument might the defendant make at her trial?

Accepted Answer

A)  The plaintiff consented to the risk. 
B)  The plaintiff was contributorily negligent. 
C)  The plaintiff caused the accident. 
D)  The plaintiff is vicariously liable. 
A)  The plaintiff consented to the risk. 
B)  The plaintiff was contributorily negligent. 
C)  The plaintiff caused the accident. 
D)  The plaintiff is vicariously liable.

Question 14

An employer can never be held vicariously liable for an employee's intentional tort,such as a sexual assault.

Accepted Answer

A) True 
 B)False

Question 15

The nature of precedent is inherently contemporary,meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives.

Accepted Answer

A) True 
 B)False

Question 16

Identify the party on whom attention is focused when a tort has been committed.Are the circumstances the same when a criminal offence has been committed? What is the primary purpose each form of law seeks to achieve with regard to individuals and their wrongful acts?

Accepted Answer

Tort law focuses on the victim,and crimi

Question 17

Which of the following would be characteristic of an offence of aggravated assault under s.268(1)of the Criminal Code of Canada?

Accepted Answer

A)  entering onto another person's property without consent 
B)  wilful disfiguration or endangerment of another person 
C)  commission of a careless act causing loss to another 
D)  idle talk of threats to physically harm another person 
A)  entering onto another person's property without consent 
B)  wilful disfiguration or endangerment of another person 
C)  commission of a careless act causing loss to another 
D)  idle talk of threats to physically harm another person

Question 18

Which of the following statements best describes one of the key objectives of tort law?

Accepted Answer

A)  to allow parties certainty and the ability to plan their business affairs 
B)  to determine when a loss by one person should be shifted to the person responsible 
C)  to ensure that negligent parties are punished for their carelessness 
D)  to prevent losses 
A)  to allow parties certainty and the ability to plan their business affairs 
B)  to determine when a loss by one person should be shifted to the person responsible 
C)  to ensure that negligent parties are punished for their carelessness 
D)  to prevent losses

Question 19

When an employer is vicariously liable,the employee who actually caused the plaintiff's loss retains primary liability.

Accepted Answer

A) True 
 B)False

Question 20

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care?

Accepted Answer

A)  testimony from labour and vocational experts 
B)  expert testimony from accountants and/or actuaries 
C)  expert testimony from the provincial health insurer 
D)  testimony from medical,occupational,and rehabilitation experts 
A)  testimony from labour and vocational experts 
B)  expert testimony from accountants and/or actuaries 
C)  expert testimony from the provincial health insurer 
D)  testimony from medical,occupational,and rehabilitation experts

Exam 10: Introduction to Tort Law

The tort of battery involves the intentional infliction of harmful or offensive physical contact.

The word "tort" is a legal term used to describe any type of harm or injury caused by one person to another,excluding instances of breach of contract.

Fraud or deceit is an example of a tort.

What are the categories of pecuniary damages that may be awarded in accordance with tort law?

Which of the following is a distinguishing characteristic of punitive damages?

Which of the following is synonymous with the legal term "punitive damages"?

Why would a hotel guest who has been injured by a tortious act of the hotel's employee be entitled to claim liability in tort and in contract?

What are the legal terms given to the party bringing a criminal action and to the party bringing a tort action?

While a central function of tort law is compensation for innocent victims,why might the application of tort law not result in compensation for an innocent victim?

How do the burdens of proof in criminal cases and tort cases differ?

The injured plaintiff in a car accident lawsuit was not wearing her seatbelt at the time of the accident,resulting in more severe injuries than if she had been wearing her seatbelt.What argument might the defendant make at her trial?

An employer can never be held vicariously liable for an employee's intentional tort,such as a sexual assault.

The nature of precedent is inherently contemporary,meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives.

Identify the party on whom attention is focused when a tort has been committed.Are the circumstances the same when a criminal offence has been committed? What is the primary purpose each form of law seeks to achieve with regard to individuals and their wrongful acts?

Which of the following would be characteristic of an offence of aggravated assault under s.268(1)of the Criminal Code of Canada?

Which of the following statements best describes one of the key objectives of tort law?

When an employer is vicariously liable,the employee who actually caused the plaintiff's loss retains primary liability.

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care?

Knowledge of Law As a Business Asset

The Canadian Legal System

Managing Legal Risks

Dispute Resolution

An Introduction to Contracts

Forming Contractual Relationships

The Terms of a Contract

Non-Enforcement of Contracts

Termination and Enforcement of Contracts

The Tort of Negligence

Other Torts

The Agency Relationship

Business Forms and Arrangements

The Corporate Form: Organizational Matters

The Corporate Form: Operational Matters

Introduction to Property Law

Intellectual Property

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Services

The Sale of Goods

Consumer Protection and Competition Law

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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