Exam 3: Introduction to Torts

Bondi Shipping Corp steered its ship, The Surf, into a dock that was owned by Bradman Inc.Bondi intended to make certain repairs to The Surf.During the course of those repairs, Bondi's employees carelessly allowed a chemical, known as australite, to leak into the water surrounding the dock.The australite, which floated on the surface of the water, caught fire after sparks from a welding gun that Bondi's employees were using fell into the water and onto the australite.The flames spread quickly and Bradman's dock was entirely destroyed.The total cost of the damage is $2 million.The court has found that Bondi is vicariously responsible for the actions of its employees, and that those employees committed the tort of negligence when they carelessly allowed australite to leak out of The Surf and onto the water.The court also found that while it is now obvious that australite is flammable in some circumstances, no one knew (or could have known) at the time of the accident that australite is flammable.Will Bondi be held liable to Bradman for compensatory damages? Provide the best explanation for your answer.

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?

Ramon cut the grass that surrounded a condominium complex owned by Acme Inc.He carelessly failed to check the ground for dangerous objects before doing so.As a result, he ran the lawnmower over a pile of rocks.One of the rocks shot out from the lawnmower and hit Irene in the eye.Irene is sure that Ramon committed the tort of negligence, but she also realizes that he has very little money.She therefore wants to claim damages from Acme Corp on the basis of the doctrine of vicarious liability.Is she entitled to do so? Do you require any additional information before answering that question? Explain your answers.

Celine physically attacked Roger.She therefore committed both a tort and a crime.Briefly identify and explain any important differences between court proceedings concerning the tort and court proceedings concerning the crime.

Damages in tort look backward, whereas damages in contract look forward, primarily because the courts realize that the victim of a tort is relatively more likely to suffer a serious physical injury.

Robert successfully sued Marjorie in tort.Majorie has liability insurance.In this situation, Marjorie is considered the tortfeasor.

Explain, from a risk management perspective, why liability insurance may be more important with respect to liability in tort than with respect to liability for breach of contract.

Which of the following statements is TRUE?

Explain how torts are classified according to the degree of mental culpability.Your answer should include examples of each category within that classification system.

Which of the following torts fall within the category of intentional torts?

Which of the following statements is TRUE?

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.

Which of the following statements is TRUE?

During an argument, Sylvia flew into a rage and hit her friend Ian in the head with a baseball bat.Which of the following statements is TRUE?

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.