Exam 3: Introduction to Torts

Felipe bought a liability insurance policy. That policy included a clause that excluded coverage for injuries inflicted through "intentional or criminal acts." Felipe deliberately broke a bottle over a store clerk's head during a robbery. Because of the compensatory function of tort law, a court will require the insurance company to pay damages to the victim of the wrong, but it will also give the insurance company the right to sue Felipe for that same amount.

Which of the following statements is TRUE with respect to the comparison between a tort and a contract?

Miles was sued in tort. He previously purchased a liability insurance policy from Western Mutual Insurance Co. Even if the law suit against him ultimately fails, that insurance policy may be beneficial to Miles because it will require the insurance company to pay for the costs associated with the trial.

You have been hired by a law reform commission to examine ways in which tort law can be used to affect behaviour. As part of that project, you have been asked to consider the level of mental culpability that the plaintiff is required to prove before the defendant can be held liable by a court. Which of the following statements is TRUE with respect to tort law as it currently exists in Canada?

As a result of dumping toxic materials into the water supply, Acme Corp has been held liable under the tort of nuisance to several of its neighbours. While the company's directors are concerned about the bad publicity, they do take comfort in the fact that Acme holds a liability insurance policy that applies in this situation. Which of the following statements is TRUE?

Jose has sued Sharona in tort as a result of an injury that he suffered while visiting her property. Given the facts of the case, it is possible, at least in theory, for Jose to prove a number of different torts. Which of the following statements is TRUE?

Werner owns a number of animals that live in and around his home. Because Werner's house is located in a secluded area, he has little interaction with people outside of his immediate family. He consequently had never received any complaints about his animals until recently. That complaint has come in the form of a tort action by Madonna, who claims that she was wrongfully hurt by one of Werner's animals. The evidence establishes that she was bitten by the animal as she knocked on Werner's door with the intention of asking him to donate to a charity. Which of the following statements is TRUE?

Sidhu was injured when Melissa, a construction worker, carelessly dropped a hammer out of a window. Sidhu has successfully sued both Melissa, on the basis of her personal liability, and Melissa's employer, on the basis of the employer's vicarious liability. Sidhu must now choose between recovering all of his damages from Melissa or all of his damages from her employer.

The deterrent function of tort law is based on the belief that the high costs associated with litigation will discourage plaintiffs from starting law suits that have little chance of success.

Lupine Inc successfully sued Wolf Finance Ltd in both tort and contract. In this situation, it is accurate to say that Wolf Finance owed obligations to Lupine, one that arose by operation of law and the other that arose through voluntary agreement.

The provincial government has become very concerned about the number of torts that occur each year that result in personal injuries. Aside from the human misery that they cause, those accidents cost society a great deal of money. A tort victim cannot be a productive member of the work force while they are recuperating at home or in hospital. The provincial government consequently has asked you to prepare a report on how the rules in tort law might be reformed to more effectively deter tortious behaviour. Your report should include a discussion of (a) the availability of liability insurance, and (b) the rules of vicarious liability. You have also been asked to consider whether it is always desirable to deter activities that may result in tortious losses.

Which of the following statements is TRUE?

Suneeta successfully sued Olaf in tort. In this situation, it is accurate to say that while Olaf's primary obligation was imposed by law, his secondary obligation was voluntarily created.

Paine Enterprises sued Montesquieu Corp in tort. The court held that there had been a failure to mitigate damages. That means that

Which of the following statements is TRUE?

The Ozark Carnival Corp (OCC) owns a traveling fairground that it operates in shopping mall parking lots. It hired Cletus to run "The Splasher," which is one of its amusement rides. It provided Cletus with the most extensive training possible. Nevertheless, while operating The Splasher, Cletus carelessly failed to fasten the safety harness on Celia, a five- year- old passenger. Celia was thrown from the ride and suffered serious injuries. Cletus has admitted liability in negligence. Unfortunately, he has no money with which to pay Celia's damages. The court also held OCC vicariously liable for Celia's injuries. Identify and briefly explain three possible justifications for the doctrine of vicarious liability.

Faye is a wildlife expert who works for a major zoo. Because her love of animals does not end when she leaves work each night, she has a number of exotic pets in her home, including a small capuchin monkey that she calls Kong. Unfortunately, although Kong had no history of violent behaviour, he viciously attacked a door- to- door canvasser named Ray who rang Faye's doorbell one evening. Which of the following statements is TRUE?

Brian takes great pride in being obnoxious. One of his favourite ploys is to talk loudly on his cell phone 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?

Bentham Inc sued Locke Ltd in tort. The judge denied liability on the grounds of remoteness. That means that

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd. Which of the following statements may be TRUE?