Deck 4: The Law of Torts

Question 1

Which of the following statements best explains the standard of care in the law of tort?

A)The standard is one that the judge expects.
B)The standard is one that differs from person to person and activity to activity.
C)The standard is one that society expects.
D)The standard is one that the lawyer expects.
E)The standard is the same for all persons and activities.

Answer 1

B

Question 2

Albert and Jane and her husband own homes beside each other.Jane has a swimming pool in her back yard.Between the houses,on Albert's property,there is a line of very old trees that have grown so tall that they are blocking the sunlight from the swimming pool area of Jane's property.Yesterday,Jane's husband,George,after hearing Jane complain about the blocked sunlight,without going onto Albert's property,cut 3 metres off the top of each of Albert's trees to let the sunlight into his and Jane's back yard.George's action in cutting down the trees constitutes

A)the tort of defamation.
B)the tort of assault.
C)the tort of nuisance.
D)the tort of trespass.
E)the tort of negligence.

Answer 2

C

Question 3

Joe recently purchased a can of shaving cream from his pharmacy.After shaking the can as directed,Joe pushed the button on top.Suddenly and without warning,the can exploded causing serious injury to Joe.As a result of the explosion,the can of shaving cream was destroyed.In an action by Joe against the manufacturer,the following principle of law will apply

A)The shaving cream manufacturer will be held strictly liable for damages caused by the explosion.
B)The court can infer negligence on the part of the manufacturer on the basis of the circumstantial evidence resulting in a shift of the burden onto the manufacturer to prove that it was not at fault.
C)Joe will be unable to meet the burden of proof in establishing that the manufacturer was negligent given the destruction of the evidence.
D)Joe will be found to be contributorily negligent.
E)The shaving cream manufacturer will be strictly liable for failure to warn.

Answer 3

B

Question 4

Which of the following is NOT a defence to the tort of defamation?

A)that the defendant did not mean to harm the plaintiff's reputation
B)that what the defendant said was true
C)that the plaintiff's reputation was not damaged
D)qualified privilege
E)absolute privilege

Question 5

A doctor makes a serious error during the course of diagnosing a patient.The patient subsequently dies.The deceased patient's family members bring a lawsuit against the doctor.All the experts who testify agree that the doctor failed to meet the standard of care but that if appropriate care had been provided,the patient would have died in any event.The family members' case against the doctor will

A)succeed because all the experts agree the doctor provided substandard care.
B)fail because the doctor likely provided the patient with informed consent.
C)succeed because the law imposes strict liability upon doctors in similar circumstances.
D)fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence.
E)succeed because the doctor owed a fiduciary duty to the plaintiff.

Question 6

Stoney Canyon penitentiary is located near the town of Elmwood.One evening a guard employed at the jail failed to properly secure one of the gates near an exercise field.As a result,an inmate escaped and went on a crime spree.Having regard to issues of proximity,foreseeability,and policy reasons,which of the following claimants would be least likely to succeed in a court action against the guard and/or the jail?

A)a claim by a citizen of Elmwood whose vehicle was carjacked within hours of the escape
B)a claim by a gas station owner for personal injury and economic losses occasioned by the escaped inmate's assault and robbery which took place two months later and 250 kilometres away from the jail
C)the claim of a local bingo parlour whose premises were torched by the inmate after a standoff with the police the day after his escape
D)the claims of an elderly couple injured in an automobile accident two days after the escape during which the inmate crashed into their car following a high speed pursuit
E)the claim of a taxi driver who was robbed and beaten by the inmate a week after his escape

Question 7

Which of the following best demonstrates the concept of vicarious liability?

A)Jack is employed by Jim as a trainee mechanic.Jack goes to a party and is asked by a friend,Mary,to check her car that won't start.Jack checks the car.A few minutes after Mary drives away,the car's ignition explodes,injuring Maggie.
B)A man's dog runs out of the house and mauls a letter carrier.
C)A cow leaves its pasture,walks into the garden of another farmer and destroys all the farmer's crops.
D)Jack is employed by Jim as a trainee mechanic.Jim's sister,Maggie brings her car to the shop.It has an engine problem.Jack has never worked on a car's engine before.Jim asks Jack to work on the engine.Jack works on the engine.Later when Maggie drives off in the car,the engine explodes,injuring Maggie.
E)none of the above

Question 8

Which of the following statements is NOT true?

A)A manufacturer's duty towards consumers continues after it places a product on the market.
B)A retailer may be liable to the consumer for a defective product.
C)After a manufacturer places a product on the market,its duty towards consumers ends.
D)A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary.
E)A manufacturer who places a defective product on the market may be liable for negligence.

Question 9

James has been burgled several times.He is fed up and decides to do something about it.He places two traps at vantage locations in his home.One night he hears a scream and he runs down to find Bob,a local troublemaker,writhing in pain and holding his bleeding leg.Which of the following is NOT true?

A)Bob is not an invitee.
B)James owes a duty to Bob.
C)James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises.
D)Bob can sue James for deliberately setting the trap to harm him.
E)Bob is a trespasser.

Question 10

During the early stages of the development of tort law,liability was

A)dependent on a finding of guilt.
B)punishable by incarceration.
C)dependent on whether the wrongdoing was justifiable.
D)strict.
E)based on a finding of criminal liability.

Question 11

Ted is employed as a computer analyst at Macrotech.His written contract of employment requires him to give his employer 30 days' notice of his intention to terminate the agreement.Macrotech's main competitor,Data Inc.,attempts to hire Ted away.Data Inc.'s president convinces Ted to accept their employment offer and to leave Macrotech immediately,without providing any notice pursuant to the agreement.Data Inc.has committed the tort of

A)passing off.
B)negligence.
C)malicious prosecution.
D)inducing breach of contract.
E)libel.

Question 12

At what stage in a negligence action will the court apply the remoteness test?

A)the duty of care stage
B)the breach of duty stage
C)the causation stage
D)the injury/damages stage
E)the standard of care stage

Question 13

Strict liability

A)absolves the defendant from all liability.
B)establishes the amount of damages that is payable to an injured party.
C)requires that the plaintiff strictly prove that the defendant was at fault.
D)means that liabilities are strictly enforced.
E)removes the onus on the plaintiff to show that the defendant is at fault.

Question 14

Both a crime and a tort are being committed when

A)a homeowner decides not to put salt on his walkway after an ice storm and a guest slips and falls the following morning.
B)a bar patron becomes ill as a result of being over-served in a tavern.
C)an NHL hockey player suffers a broken nose during a consensual on-ice fight.
D)a last-minute holiday shopper strikes a fellow shopper with his fist resulting in a broken jaw.
E)a bartender overserves a patron.

Question 15

In modern times,the basis for liability in tort is

A)whether the wrongdoer is able to compensate the victim.
B)actionable recklessness.
C)legal carelessness.
D)criminal wrongdoing.
E)fault.

Question 16

The role of tort law is to

A)compensate victims for harm suffered from the activities of others.
B)assist judges by providing rules to determine how much money to pay victims of crime.
C)punish wrongdoers in the same way that criminal law punishes criminals.
D)determine who caused a motor vehicle accident.
E)impose strict rules to prevent the commission of crimes.

Question 17

A tort is

A)a criminal act.
B)a misrepresentation.
C)a breach of contract.
D)the punishment imposed on a person for a wrongful act done to the person or property of another.
E)a wrongful act done to the person or property of another.

Question 18

Tort damages are often classified into

A)special and exemplary damages.
B)punitive and exemplary damages.
C)special and aggravated damages.
D)punitive and special damages.
E)general and special damages.

Question 19

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

A)children.
B)public officials.
C)licensees.
D)law enforcement officials.
E)thieves or burglars.

Question 20

Michael is employed by James' Groceries.Jim,the owner of Jim's Groceries approaches Michael and convinces Michael to leave James' Groceries and work for Jim's Groceries.James' Groceries may sue Jim's Groceries for

A)breach of employer-employee contract.
B)breach of employee contract.
C)interference with employee affairs.
D)breach of contract.
E)inducing breach of contract.

Question 21

A high intensity sound coming from one property and affecting other properties does not constitute the tort of nuisance.

Question 22

An act of omission that is not found to be negligence today may later be found to be negligence.

Question 23

An attack by one person on the reputation of another person constitutes the tort of injurious falsehood.

Question 24

A hardware store employee locking up on a Saturday night forgot to remove the keys from one of the large riding mower machines parked outside.It was later stolen by a group of teens who drove it into a nearby lake.A tugboat struck the partially submerged riding mower the following morning and sank.The claim for damages by the owner of the tugboat against the hardware store and its employee will

A)fail because marine law does not permit non-marine tort claims.
B)succeed because "but for" the keys being left in the riding mower the tugboat would not have sunk.
C)succeed because the lake was only 400 yards from the hardware store.
D)fail because the risk of the tugboat accident was not reasonably foreseeable even if the theft was.
E)succeed because all of the elements required to establish a negligence claim are present.

Question 25

An innocent employer is vicariously liable for the negligent acts of an employee.

Question 26

The roots of a tree that is growing on one property and that continue to grow onto another property may constitute a nuisance.

Question 27

In some cases an otherwise blameless employer may be required at law to compensate victims of criminal acts committed by its employees.

Question 28

Although the basis for liability in the context of tort law is "fault",compensation based solely on fault has disadvantages including

A)people will be less careful if they must pay for the consequences of their carelessness.
B)accident victims who cannot establish fault on the part of some other person go uncompensated.
C)there is no deterrent effect in a fault-based system.
D)vicarious liability is based solely on fault.
E)claims for punitive damages do not require any proof of fault.

Question 29

Which of the following is NOT a defence to a defamation action?

A)responsible communication on matters of public interest
B)The written or spoken words were true.
C)qualified privilege
D)The written or spoken words came from someone else first.
E)absolute privilege

Question 30

Under strict liability,a wrongdoer is punished strictly if the wrongdoer was at fault.

Question 31

Phil was riding his motorcycle home from work when he was involved in a motor vehicle accident.As he lay on the road injured,he was attended to by two different motorists who stopped after seeing the accident.Additionally,an overhead helicopter from the local TV news station was broadcasting live on air.Suddenly,a second vehicle careened out of control and ran over Phil killing him instantly.Given concerns about proximity,foreseeability,and policy reasons,of all the people who suffered nervous shock,who would be most likely to recover compensation in a court action against the reckless driver of the second vehicle that caused Phil's death?

A)claims by the two motorists who were assisting Phil at the scene
B)claims by the people who witnessed the incident on TV
C)claims by the ambulance attendants who arrived 10 minutes after Phil died
D)claims by those who read the story and saw pictures in the paper the following day
E)claims by a reporter who later interviewed the surviving family members

Question 32

Prior to the legislative changes in Canada with respect to contributory negligence,if a plaintiff contributed in any way to her or his own loss the action would fail.Statutes now require courts to

A)determine if the plaintiff's degree of fault exceeds the defendant's degree of fault as a pre-condition to dismissing the action.
B)apportion damages according to the respective degree of responsibility of the parties.
C)find against the most liable defendant.
D)follow strictly the responsibility chart set out in the statute.
E)always find full responsibility against the defendant that committed the first wrong in a chain of wrongs.

Question 33

A duty of care may be owed to someone other than the person who is directly injured.

Question 34

In some circumstances,there is immunity from defamation lawsuits.Words spoken in parliamentary debate,in proceedings in law courts and inquests,and before royal commissions,are subject to absolute privilege.

Question 35

During a parliamentary debate,Jack accuses Jim of lying to his constituents Jim decides to sue.Which of the following is TRUE?

A)Jack has a defence of absolute immunity.
B)Jack has a defence of qualified privilege.
C)Jack has a defence of absolute privilege.
D)Jim may bring an action for negligent misstatement.
E)Jack's conduct is called libel.

Question 36

Exemplary damages are awarded by the court when it intends to

A)grant an injunction.
B)punish the wrongdoer.
C)compensate the victim for out-of-pocket expenses that can be quantified.
D)provide compensation for intangible injuries,such as pain and suffering.
E)compensate the victim's family for the loss of their loved one.

Question 37

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

A)she saw a long black hair in the bottle and decided not to drink it.
B)she saw a long black hair in the bottle and dropped it on the ground before she opened it.
C)she saw a long black hair in the bottle after taking "a sip."
D)she gave the bottle to a friend and saw a long black hair in the bottom after her friend drank it.
E)she was told by a friend that the bottle had a long black hair in it.

Question 38

Compensation in tort law is not always in the form of damages.

Question 39

An occupier has no liability whatsoever to a trespasser.

Question 40

An employer who has expressly prohibited certain actions can never be vicariously liable if an employee ignores this prohibition.

Question 41

Distinguish between general and punitive damages.

Question 42

What is meant by owing a "duty of care" in the tort of negligence?

Question 43

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

Question 44

Malicious prosecution concerns the prosecution of crimes and is not a tort.

Question 45

In law,the concept of negligence continues to evolve,so that what was not negligence in the past may well become negligence in the future.Explain.

Question 46

What do we mean when we say that damage is remote?

Question 47

After a manufacturer places a product on the market,it has a continuing obligation to warn consumers of potential dangers.

Question 48

Explain the concept of absolute privilege and its application.

Question 49

Explain the development of fault as an appropriate basis for liability in tort.

Question 50

During parliamentary debate one day,James describes Peter as "a thief and a liar." Peter decides to sue for defamation.James has a defence of absolute privilege.

Question 51

There are cases in which a remedy other than damages may be available.What is the difference between a restitutionary order and an injunction?

Question 52

Explain the principle of vicarious liability.

Question 53

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

Question 54

The duty of a manufacturer to warn may be discharged by issuing a warning to learned intermediaries.Explain.

Question 55

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

Question 56

An invitee is a person permitted by the occupier to enter the premises for business purposes,for example a shopper.

Question 57

Distinguish between general and special damages.

Question 58

In extreme cases the court can award damages to punish a wrongdoer.These damages are referred to as special damages.

Question 59

Even a trespasser is owed a duty of common humanity.Explain.

Question 60

An inmate is able to escape from a local prison because a security guard left a gate open.The jail owes the same duty of care to a local farmer who is assaulted by the inmate minutes later as it does to a gas station owner who operates 750 kilometres away and is robbed three months later.

Question 61

What is contributory negligence?

Question 62

Social policy influences judicial decision-making and legislative intervention in the area of tort law.Explain.

Question 63

What is the difference between intentional torts and negligence?

Question 64

How can the plaintiff's own conduct affect the outcome of a claim for negligence?

Question 65

The concept of foreseeability in tort law is considered by a court in determining the existence of a duty of care and as a threshold for the recovery of any damage suffered by an injured plaintiff.Explain the significance of "reasonably foreseeable" as it relates to both duty and damages,as well as the policy reasons why courts sometimes fail to recognize a duty,or fail to recognize that the plaintiff has met the threshold for recovery of damages.

Question 66

Jack owns a pub.One evening,Jim,a friend,comes into the pub and orders a drink.Over a period of approximately two hours,Jim orders and drinks a variety of alcoholic beverages.Shortly before the pub closes,Jim pays for his drinks and leaves the pub.Jim gets into his car and drives away.On his way home,Jim is involved in a motor vehicle accident.Explain the nature of the tort that Jack would be found to have committed.Are there any defences available to Jack? Explain what these defences are.

Question 67

Cheri met her friend Julie at an ice cream stand near the beach.They both ordered a hot fudge sundae.Cheri watched Charles,an employee,scoop the ice cream out of a large tub.Suddenly a gold chain worn by Charles fell into the tub of ice cream.Charles did not notice and proceeded to complete the order.He handed Cheri her sundae,but she could not eat it.She went on to develop a serious mental disorder,including anxiety that her doctor told her was caused by the incident.Will Cheri succeed in her action for damages and what relevant principles of law relating to causation apply?

Question 68

Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie.As a result,Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face.Lawrence is arrested and charged with assault.The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police.What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed?

Question 69

Criminal law and tort law focus on different persons when a tort or crime is committed.Explain.

Question 70

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.

Question 71

For the most part,Canadian courts apply modified principles of negligence to determine liability.Some critics of fault-based systems propose that victims be compensated through "no-fault" government schemes-similar to those already in place relating to motor vehicle accidents and workers compensation.Others argue that the law should impose "strict liability" in all areas in which plaintiffs have traditionally struggled to establish fault,namely,against manufacturers of goods or products.Explain the three bases for awarding compensation to injured parties and the advantages and disadvantages of each.

Question 72

The standard of care in the law of negligence is not a uniform standard.Explain.

Question 73

Explain how the defence of qualified privilege may be used in a defamation action.

Question 74

Foreseeability is a major element in the determination of the extent of liability.Explain.