Exam 3: Introduction to Torts

Rawls Inc.sued Nozick Ltd.in tort.The court awarded nominal damages.This means that

Which of the following statements is TRUE?

Carlos has been sued for the tort of negligence while working at SKS Logistics.He failed to inspect his truck and missed seeing a failure in the brake line that caused him to get in an accident.Which of the following is true?

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?

Miriam worked as a financial advisor with Acme Investments Inc.Over the period of several years, she stole millions of dollars from the company's clients.She did so by means of a complex and carefully planned series of fraudulent transfers.The company had no reason to believe that anything was wrong until the police arrived one day and explained the entire situation to Acme's president.Which of the following statements is TRUE?

Which of the following statements is TRUE with respect to alternative compensation schemes?

Within the context of alternative compensation schemes, which of the following statements is TRUE?

Although the same set of events may support both a law suit in tort and a criminal prosecution, a civil action will not succeed if a wrongdoer has already been convicted of a criminal offence.

Briefly identify and explain the manner in which tort obligations and contractual obligations generally arise.Briefly explain why tort obligations create a greater hazard for the purposes of risk management.

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

The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates both a hockey team by that name and the Kingston Arena.The Maroons employ Gilbert Douglas, who is the team's star player.During a recent game, Douglas was sent to the penalty box by the referee.Unhappy with the referee's decision, Douglas slammed the penalty box door shut.That caused the protective glass attached to the penalty box to shatter.Cherie, a fan who was sitting nearby, was cut by the broken glass.The evidence proves that the accident was caused partly by Douglas's carelessness in slamming the penalty box door shut, and partly by the fact that the Maroons organization had carelessly installed the protective glass.Both Douglas and the Maroons therefore committed the tort of negligence.Which of the following statements is probably TRUE?

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd.Which of the following statements is most likely TRUE?

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

Gawain and Julie are neighbours.Gawain committed the tort of trespass to land by smashing a window in Julie's attic with a baseball bat.Julie could have quickly and easily fixed that damage by paying a home repair company $1000.Instead, she did nothing for eight months.At the end of that period, a thunderstorm caused rain to pour into Julie's attic through the broken window.Julie then paid a home repair company $4000 to fix both the broken window and the damage caused to the attic by the rain.Which of the following statements is TRUE?

Eve is very angry about an incident that she experienced at work last week.She says that her employer acted in a completely negligently manner when it ordered her to perform a dangerous task.Which of the following statements is most likely to be TRUE?

What is an "alternative compensation scheme"? From the perspective of an injured person, what are the advantages and disadvantages of receiving relief under an alternative compensation scheme, rather than under tort law?

Miles was sued in tort.He previously purchased a liability insurance policy from Western Mutual Insurance Co.Even if the lawsuit 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 including Miles actual expenses to have a lawyer defend him.

Eliza adores animals.Consequently, although she works in a small office, she brings a number of pets to work with her every day.She always brings Higgins, her poodle.Depending upon the circumstances, she often also brings Henry, her badger.For the most part, the animals cause no problems.Eliza is very conscientious and she takes every precaution to ensure that her animals do not cause any damage to the people and property around them.Unfortunately, as a result of a thunderstorm, both Henry and Higgins became unusually agitated one day at Eliza's office.And despite Eliza's best efforts to comfort and control them, they both bit Rex, a courier delivery person, as he entered Eliza's office.Eliza is very apologetic, but she does not believe that she should be liable for the losses that Rex suffered as a result of the attack.She did, after all, do her best to protect Rex from harm, both by training Henry and Higgins to behave gently toward strangers and by trying to calm them down during the storm.Based on the common law rules discussed in Chapter 3, would a court hold Eliza liable to Rex? If so, on what basis?

You may be held liable in tort even though you were unaware of the fact that you owed an obligation to the plaintiff.

Abdul worked for Primus Finance Co.Following a series of disastrous losses, several of the company's customers have sued Abdul in tort.Because Abdul has relatively little money, however, those customers also want to sue Primus Finance.Primus Finance denies vicarious liability by arguing that Abdul was an independent contractor rather than an employee.A court is more likely to decide that Abdul was an independent contractor if