Deck 3: 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 differs from person to person and activity to activity.
B) The standard is the same for all persons and activities.
C) The standard is one that the lawyer expects.
D) The standard is one that the judge expects.
E) The standard is one that society expects.

Answer 1

A

Question 2

Jim owes James a duty of care if

A) Jim and Jack live next door to each other.
B) Jim acts carelessly.
C) Jim might reasonably be affected by James' conduct.
D) James acts carelessly.
E) James might reasonably be affected by Jim's conduct.

Answer 2

E

Question 3

The role of tort law is to

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

Answer 3

D

Question 4

Which of the following statements is NOT true?

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

Question 5

To succeed in a negligence action, in addition to showing that the defendant owed the plaintiff a duty of care, and that the defendant breached its duty, the plaintiff must also show that

A) the plaintiff did his or her best to avoid getting injured.
B) the defendant has a criminal record.
C) the defendant acted in a premeditated manner and intended to cause the plaintiff.
D) the defendant is able to compensate him or her.
E) the defendant's conduct caused injury to the plaintiff.

Question 6

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

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

Question 7

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

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

Question 8

Jack brandishes a baseball bat and says to another person, "get out of here or I'll hit you", Jack has

A) not committed a tort.
B) committed the tort of negligent misstatement.
C) committed the tort of negligence.
D) committed the tort of assault.
E) committed the tort of battery.

Question 9

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

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

Question 10

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

A) A man's dog runs out of the house and mauls a letter carrier.
B) A cow leaves its pasture, walks into the garden of another farmer and destroys all the farmers crops.
C) Jack is employed by Jim as a trainees 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.
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.
E) none of the above

Question 11

The tort of nuisance occurs if

A) an occupier suffers unreasonable interference with use of land
B) a landowner violates government regulations
C) pollution from industry affects a community
D) someone intrudes on the land of another without permission
E) none of the above

Question 12

Jack brandishes a baseball bat and says to another person, "I am going to hit you." Jack has

A) not committed a tort.
B) committed the tort of assault.
C) committed the tort of assault and battery.
D) committed the tort of battery.
E) committed the tort of negligence misstatements.

Question 13

Tort damages are often classified into .

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

Question 14

Strict liability,

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

Question 15

If Jack says "if the guards were not here, I'd punch you," Jack has

A) committed the tort of battery.
B) committed the tort of negligence.
C) committed the tort of assault and battery.
D) committed the tort of assault.
E) not committed a tort.

Question 16

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

Question 17

During the early development of the common law, the duty of an occupier or owner of premises to persons who came on the premises was dependent on whether the persons were invitees, trespassers and

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

Question 18

A tort is

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

Question 19

In modern times, the basis for liability in tort is

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

Question 20

James has been burgled several times and is fed up and decides to do something about it. He places to 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) James owes a duty to Bob.
B) James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises.
C) Bob can sue James for deliberately setting the trap to harm him.
D) Bob is not an invitee.
E) Bob is a tresspasser.

Question 21

During a parliamentary debate one day, Jack calls Jim, another member of parliament, a "no good person who has licked many boots in order to get to the top." Jim decides to sue. Which of the following is true?

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

Question 22

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

Question 23

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

Question 24

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

Question 25

Jack is running on an icy and unsalted sidewalk. He slips and falls and decides to sue the Condominium Corporation whose responsibility it was to salt the sidewalk. The Condominium Corporation may rely on the defence of

A) comparative negligence.
B) joint negligence on the part of Jack.
C) reduction of damages.
D) contributory negligence on the part of Jack.
E) joint and several liability on the part of Jack.

Question 26

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

Question 27

An invitee is a person who enters premises with the consent of the owner of the premises.

Question 28

Res ipsa loquitur means that

A) the facts as told by the defendant are false.
B) the facts as told by the plaintiff are false.
C) the facts cannot be established and so the case must be dismissed.
D) the plaintiff must prove the case beyond a reasonable doubt.
E) the facts speak for themselves.

Question 29

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

Question 30

Before a plaintiff can recover for loss suffered as a result of the acts of a defendant,

A) the injury must be a serious physical or psychological impairment.
B) the injury must be of a degree that was foreseeable by the defendant.
C) the injury must be of a type that was foreseeable by the plaintiff.
D) the injury must be of a type that was foreseeable by the defendant.
E) the injury must be of a degree that was foreseeable by the plaintiff.

Question 31

Which of the following is NOT a tort?

A) negligence
B) interfering with the business of another
C) inducing breach of contract
D) malicious imprisonment
E) private nuisance

Question 32

Under most Canadian jurisdictions, an occupier now owes a general duty of care to all visitors who are lawfully on the premises.

Question 33

Exemplary damages are awarded by the court when it intends to

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

Question 34

The duty of a manufacturer is limited to ensuring that defective products are not placed on the market, it does not extend to teaching consumers how to properly use a product that is not defective.

Question 35

In deciding a legal case, one of the factors the court considers is which party has insurance.

Question 36

Which of the following statement best explains what happens during a court proceeding when the plaintiff relies on the principle of res ipsa loquitur?

A) The defendant is required to file more documents.
B) The defendant's defence is dismissed.
C) The plaintiff raises an objection and the judge overrules the objection.
D) The burden shifts to the defendant to establish that he or she was not at fault.
E) The plaintiff raises an objection and the judge sustains the objection.

Question 37

The tort of assault is

A) a careless act or omission that harms another.
B) an intentional misrepresentation of facts.
C) the threat of imminent physical harm.
D) the act of coming onto another's property without his or her consent.
E) the act of hitting someone without their consent.

Question 38

In early common law, the highest duty that the owner of premises owed to visitors to her premises, was to a licensee.

Question 39

During parliamentary debate one day, James describes Peter as "someone who has lied all his way to the top." Peter decides to sue for defamation. James has a defence of absolute privilege.

Question 40

A licensee is a person who is permitted by the occupier of premises to enter the premises for business purposes.

Question 41

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 42

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

Question 43

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

Question 44

What is the role and purpose of tort law?

Question 45

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

Question 46

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

Question 47

What is the "thin skull principle"?

Question 48

Distinguish between general and punitive damages.

Question 49

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

Question 50

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

Question 51

What is contributory negligence?

Question 52

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

Question 53

Distinguish between general and special damages.

Question 54

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 found to be have committed. Are there any defences available to Jack? Explain what these defences are.

Question 55

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

Question 56

What is the standard of care that an owner or occupier of land owes to a trespasser?

Question 57

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

Question 58

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

Question 59

Foreseeability is a major element in the determination of the standard of care in the law of negligence. Explain.

Question 60

Explain how the concept of vicarious liability applies in an employer- employee relationship.

Question 61

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