Question 1

Generally,supporting expert evidence is required to sustain an action for damages for emotional distress

Accepted Answer

A) True 
 B)False  True

Question 2

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

Accepted Answer

A)  Business 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)  Business 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. B

Question 3

Which of the following denotes a common characteristic associated with an award of special damages?

Accepted Answer

A)  They relate to out-of-pocket expenses resulting from an injury-causing event. 
B)  They are the exception to the general rule of damages awarded for injury. 
C)  They are based on diminished earning capacity resulting from the injury. 
D)  They are another form of non-pecuniary damages arising from tangible losses. 
A)  They relate to out-of-pocket expenses resulting from an injury-causing event. 
B)  They are the exception to the general rule of damages awarded for injury. 
C)  They are based on diminished earning capacity resulting from the injury. 
D)  They are another form of non-pecuniary damages arising from tangible losses. A

Question 4

Rodolfo was permanently injured in a vehicle collision.He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf.Pilgren incorrectly noted the limitation date.As a result,he failed to file the claim within the prescribed time.Which of the following would a law professor most likely indicate is the tort that arises in these circumstances?

Accepted Answer

A)  professional negligence 
B)  professional incompetence 
C)  incompetence 
D)  negligence 
A)  professional negligence 
B)  professional incompetence 
C)  incompetence 
D)  negligence

Question 5

What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee?

Accepted Answer

A)  It is the significant connection justifying an employer's vicarious liability. 
B)  Courts consider that the party who benefits from business should bear its associated costs. 
C)  It is the significant connection prescribed under the doctrine of primary liability. 
D)  Courts consider that the fact that wrongful acts may occur is a cost of business. 
A)  It is the significant connection justifying an employer's vicarious liability. 
B)  Courts consider that the party who benefits from business should bear its associated costs. 
C)  It is the significant connection prescribed under the doctrine of primary liability. 
D)  Courts consider that the fact that wrongful acts may occur is a cost of business.

Question 6

In order to avoid responsibility for a tortuous act,individuals must take reasonable care to avoid acts or omissions that they can reasonably foresee would be likely to cause injury to others.

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

A judge will likely rely on expert opinions from occupation experts,labour economists,and actuaries when determining the value of a injured plaintiff's diminished earning capacity.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following 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 his client's intangible injuries?

Accepted Answer

A)  aggravated damages for a defendant's reprehensible actions 
B)  punitive damages to punish the defendant's oppressive actions 
C)  special damages to punish the defendant's high-handed conduct 
D)  pecuniary damages for the defendant's malicious conduct 
A)  aggravated damages for a defendant's reprehensible actions 
B)  punitive damages to punish the defendant's oppressive actions 
C)  special damages to punish the defendant's high-handed conduct 
D)  pecuniary damages for the defendant's malicious conduct

Question 10

Ruby's premeditated harmful act is characteristic of what form of tort?

Accepted Answer

A)  intentional 
B)  battery 
C)  assault 
D)  negligence 
A)  intentional 
B)  battery 
C)  assault 
D)  negligence

Question 11

Which of the following did the Supreme Court of Canada establish as the measure of whether a party's actions causing harm or injury to another are tortuous in nature?

Accepted Answer

A)  the need for provision of compensation in the form of an award of damages 
B)  the degree to which the conduct of the offending party is deserving of blame 
C)  the provision of compensation to persons injured by another's actions 
D)  the need for compensation must arise through a breach of contract 
A)  the need for provision of compensation in the form of an award of damages 
B)  the degree to which the conduct of the offending party is deserving of blame 
C)  the provision of compensation to persons injured by another's actions 
D)  the need for compensation must arise through a breach of contract

Question 12

Which of the following describes the meaning of the legal term "structured settlement"?

Accepted Answer

A)  a settlement in the form of tax-free apportioned annuity payments 
B)  a form of victim compensation paid from a taxpayer-funded program 
C)  a monetary settlement awarded by a court as compensation for injury or loss 
D)  a settlement encompassing amounts awarded for differing damage entitlements 
A)  a settlement in the form of tax-free apportioned annuity payments 
B)  a form of victim compensation paid from a taxpayer-funded program 
C)  a monetary settlement awarded by a court as compensation for injury or loss 
D)  a settlement encompassing amounts awarded for differing damage entitlements

Question 13

The phrase "unreasonable conduct," when considered in its legal context,is synonymous with which of the following?

Accepted Answer

A)  battery 
B)  deceit 
C)  negligence 
D)  fraud 
A)  battery 
B)  deceit 
C)  negligence 
D)  fraud

Question 14

Which of the following elements must be present in order for a court to be satisfied that a party may be found to have committed the tort of deceit?

Accepted Answer

A)  the utterance of threat of imminent physical harm 
B)  coming onto another person's property uninvited 
C)  reliance on another's intentional fraud 
D)  an unwitting misrepresentation of facts 
A)  the utterance of threat of imminent physical harm 
B)  coming onto another person's property uninvited 
C)  reliance on another's intentional fraud 
D)  an unwitting misrepresentation of facts

Question 15

Why would a court hearing a civil action apportion liability?

Accepted Answer

A)  A damage award is increased due to contributory negligence. 
B)  A damage award of 100 percent of the claimed amount is unwarranted. 
C)  The circumstances involve professional negligence. 
D)  The circumstances involve multiple tort-feasors. 
A)  A damage award is increased due to contributory negligence. 
B)  A damage award of 100 percent of the claimed amount is unwarranted. 
C)  The circumstances involve professional negligence. 
D)  The circumstances involve multiple tort-feasors.

Question 16

Where an individual believes she has been harmed as a result of another's alleged questionable acts,how does the law of torts respond?

Accepted Answer

A)  It seeks to impose liability based on the concept of no-fault limited liability. 
B)  It automatically shifts responsibility for the loss to another party. 
C)  It responds by automatically providing a remedy to the innocent party. 
D)  It provides an evolving set of rules for determining entitlement to a damage award. 
A)  It seeks to impose liability based on the concept of no-fault limited liability. 
B)  It automatically shifts responsibility for the loss to another party. 
C)  It responds by automatically providing a remedy to the innocent party. 
D)  It provides an evolving set of rules for determining entitlement to a damage award.

Question 17

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 18

The definition of the term "assault" is the same in tort law and criminal law.

Accepted Answer

A) True 
 B)False

Question 19

The law of torts will automatically provide a remedy when someone has been physically or emotionally injured.

Accepted Answer

A) True 
 B)False

Question 20

Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by subsequent use of a defective product.

Accepted Answer

A consumer who purchases a defective pro

Exam 10: Introduction to Tort Law

Generally,supporting expert evidence is required to sustain an action for damages for emotional distress

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

Which of the following denotes a common characteristic associated with an award of special damages?

What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee?

In order to avoid responsibility for a tortuous act,individuals must take reasonable care to avoid acts or omissions that they can reasonably foresee would be likely to cause injury to others.

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

A judge will likely rely on expert opinions from occupation experts,labour economists,and actuaries when determining the value of a injured plaintiff's diminished earning capacity.

Which of the following 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 his client's intangible injuries?

Ruby's premeditated harmful act is characteristic of what form of tort?

Which of the following did the Supreme Court of Canada establish as the measure of whether a party's actions causing harm or injury to another are tortuous in nature?

Which of the following describes the meaning of the legal term "structured settlement"?

The phrase "unreasonable conduct," when considered in its legal context,is synonymous with which of the following?

Which of the following elements must be present in order for a court to be satisfied that a party may be found to have committed the tort of deceit?

Why would a court hearing a civil action apportion liability?

Where an individual believes she has been harmed as a result of another's alleged questionable acts,how does the law of torts respond?

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

The definition of the term "assault" is the same in tort law and criminal law.

The law of torts will automatically provide a remedy when someone has been physically or emotionally injured.

Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by subsequent use of a defective product.

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

Personal Property

Intellectual Property

Real Property

The Employment Relationship

Terminating the Employment Relationship

Professional Relationships

Sales and Marketing: The Contract, Product, and Promotion

Sales and Marketing: Price, Distribution, and Risk Management

Business and Banking

The Legal Aspects of Credit

Bankruptcy and Insolvency

Insurance

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