Question 1

A plaintiff can recover 100% of his tort judgment from any one of the defendants whom a court has found to be jointly responsible.

Accepted Answer

A) True 
 B)False

Question 2

What does the law consider to be a qualifying act with respect to the commission of a tort of battery?

Accepted Answer

A)  an uninvited intentional occupation of another person's property 
B)  an uninvited intentional physical violation of another's bodily security 
C)  a careless act or omission that causes harm to another 
D)  an overt threat of imminent physical harm 
A)  an uninvited intentional occupation of another person's property 
B)  an uninvited intentional physical violation of another's bodily security 
C)  a careless act or omission that causes harm to another 
D)  an overt threat of imminent physical harm

Question 3

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 4

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 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

What do negligence and breach of contract have in common?

Accepted Answer

A)  Both are torts. 
B)  Both are types of private wrongs. 
C)  Both are types of claims must be initiated by the Crown. 
D)  Both give rise to vicarious liability. 
A)  Both are torts. 
B)  Both are types of private wrongs. 
C)  Both are types of claims must be initiated by the Crown. 
D)  Both give rise to vicarious liability.

Question 7

Where the same incident has led to both criminal charges and the commencement of a lawsuit,what will most likely be the result?

Accepted Answer

A)  A criminal conviction ensures a successful civil liability action in tort. 
B)  Criminal conviction is relevant to establishing a related civil action in tort. 
C)  A prior civil compensatory award for tort ensures criminal conviction. 
D)  Civil actions are unable to proceed without a prior criminal conviction. 
A)  A criminal conviction ensures a successful civil liability action in tort. 
B)  Criminal conviction is relevant to establishing a related civil action in tort. 
C)  A prior civil compensatory award for tort ensures criminal conviction. 
D)  Civil actions are unable to proceed without a prior criminal conviction.

Question 8

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

Question 9

How has Workers' Compensation legislation impacted tort law?

Accepted Answer

A)  by prohibiting employees from suing the employer for negligence and other torts 
B)  by limiting the amount of damages awarded by the courts in tort lawsuits arising from workplace accidents 
C)  by transferring an employee's right to sue to the employer 
D)  by restricting employee tort claims to past and future income losses 
A)  by prohibiting employees from suing the employer for negligence and other torts 
B)  by limiting the amount of damages awarded by the courts in tort lawsuits arising from workplace accidents 
C)  by transferring an employee's right to sue to the employer 
D)  by restricting employee tort claims to past and future income losses

Question 10

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?

Accepted Answer

Contributory negligence is a defence tha

Question 11

Intentional torts are harmful acts that are committed on purpose.

Accepted Answer

A) True 
 B)False

Question 12

What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?

Accepted Answer

A)  to facilitate the rehabilitation of society's less than fortunate citizens 
B)  to determine awards of compensation for the victims of crimes 
C)  to determine and enforce the adequate punishment of wrongdoers 
D)  to maintain respect for established societal rights of the Canadian people 
A)  to facilitate the rehabilitation of society's less than fortunate citizens 
B)  to determine awards of compensation for the victims of crimes 
C)  to determine and enforce the adequate punishment of wrongdoers 
D)  to maintain respect for established societal rights of the Canadian people

Question 13

The tort of negligence is the most uncommon of the torts that arise in a business context.

Accepted Answer

A) True 
 B)False

Question 14

After being cut off while driving,Martin intentionally rammed his truck into the rear of the offending driver's car in an act of road rage.Which statement best describes the most likely outcome?

Accepted Answer

A)  Martin has likely committed the tort of trespass. 
B)  Martin will likely be held liable for aggravated damages. 
C)  Martin will likely be held liable for punitive damages. 
D)  Martin will likely face criminal charges but not liability in tort law. 
A)  Martin has likely committed the tort of trespass. 
B)  Martin will likely be held liable for aggravated damages. 
C)  Martin will likely be held liable for punitive damages. 
D)  Martin will likely face criminal charges but not liability in tort law.

Question 15

How has tort law been modified by workers' compensation legislation?

Accepted Answer

​ Workers' compensation legislation prov

Question 16

Which of the following circumstances is synonymous with the legal term "joint tort-feasor"?

Accepted Answer

A)  A culpable party has committed more than one tort. 
B)  It is a form of court order prohibiting certain conduct. 
C)  All blameworthy parties to the tort share joint liability. 
D)  A victim is found responsible for a portion of the loss. 
A)  A culpable party has committed more than one tort. 
B)  It is a form of court order prohibiting certain conduct. 
C)  All blameworthy parties to the tort share joint liability. 
D)  A victim is found responsible for a portion of the loss.

Question 17

Which statement best describes damages for pain and suffering?

Accepted Answer

A)  Pain and suffering damages are a form of pecuniary damages. 
B)  Pain and suffering damages intended to compensate for reduced life expectancy. 
C)  Pain and suffering damages are subject to a clear upper monetary limit. 
D)  Pain and suffering damages are a form of special damages. 
A)  Pain and suffering damages are a form of pecuniary damages. 
B)  Pain and suffering damages intended to compensate for reduced life expectancy. 
C)  Pain and suffering damages are subject to a clear upper monetary limit. 
D)  Pain and suffering damages are a form of special damages.

Question 18

What is the primary goal of tort law?

Accepted Answer

A)  punishment 
B)  retribution 
C)  compensation 
D)  loss prevention 
A)  punishment 
B)  retribution 
C)  compensation 
D)  loss prevention

Question 19

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.

Accepted Answer

In circumstances where an individual is

Question 20

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

Accepted Answer

A)  The act causing the harmful event was unintentional. 
B)  The loss was reasonably unforeseeable or reasonably unpreventable 
C)  The act is an indictable offence under the Criminal Code of Canada. 
D)  The loss was reasonably foreseeable or reasonably preventable. 
A)  The act causing the harmful event was unintentional. 
B)  The loss was reasonably unforeseeable or reasonably unpreventable 
C)  The act is an indictable offence under the Criminal Code of Canada. 
D)  The loss was reasonably foreseeable or reasonably preventable.

Exam 10: Introduction to Tort Law

A plaintiff can recover 100% of his tort judgment from any one of the defendants whom a court has found to be jointly responsible.

What does the law consider to be a qualifying act with respect to the commission of a tort of battery?

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

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

What do negligence and breach of contract have in common?

Where the same incident has led to both criminal charges and the commencement of a lawsuit,what will most likely be the result?

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?

How has Workers' Compensation legislation impacted 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?

Intentional torts are harmful acts that are committed on purpose.

What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?

The tort of negligence is the most uncommon of the torts that arise in a business context.

After being cut off while driving,Martin intentionally rammed his truck into the rear of the offending driver's car in an act of road rage.Which statement best describes the most likely outcome?

How has tort law been modified by workers' compensation legislation?

Which of the following circumstances is synonymous with the legal term "joint tort-feasor"?

Which statement best describes damages for pain and suffering?

What is the primary goal of tort law?

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.

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

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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