Exam 10: Introduction to Tort Law

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 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 is a distinguishing characteristic of non-pecuniary damages?

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

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 is a common characteristic associated with an award of special damages?

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

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

What legal term is derived from the Latin word meaning "crooked"?

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

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.

What 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 her client's intangible injuries?

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

Identify and briefly describe the law's rationale for holding employers vicariously liable for the tortious actions of their employees.

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

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.

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?

Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert, but they were determined to go nonetheless. They were humiliated when they were apprehended shortly after sneaking in through a side entrance, charged, and sternly escorted from the building. What is the most likely infraction arising from these circumstances?

In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another's tortious act, which of the following would also qualify for monetary compensation under tort law?

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