Exam 10: Introduction to Tort Law

Provide a brief description of the nature of the expenses a court will consider when awarding special damages for an injury-causing event.Provide examples of the types of expenses that fall under this damage category,and indicate what a court will require from an innocent party in order to determine the amount of the award.Identify the legal principle that is applicable in some provincial jurisdictions and the types of costs that must be repaid to these provincial health insurers.

How would a court determine the amount by which to reduce a plaintiff's award where that party has also acted negligently?

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

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?

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

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.

Contributory negligence legislation apportions responsibility among those whose conduct has led to injury.

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?

Which statement most accurately describes the vicarious liability of employers?

What must a finding of guilt or innocence beyond a reasonable doubt be based on?

Which of the following would immediately justify a court finding an employer vicariously liable?

The same event may give rise to legal consequences in criminal law and in tort law.

What would a court most likely rely on when awarding damages to compensate an innocent party for their loss in a case involving joint tort-feasors?

Carson is a security guard in a department store and made a citizen's arrest of an individual who was acting suspiciously and whom he suspected was a shoplifter.However,the police were unable to find any evidence of theft and the customer was released.Which statement best describes the most likely outcome?

There are many different torts,each with its own unique set of requirements.

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

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.

Casia,who had always been in good health,suffered a heart attack while driving her car and crashed into a pedestrian who in turn suffered serious personal injuries as a result of being struck.Which statement best describes the most likely outcome?

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.

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