Deck 11: The Tort of Negligence

Question 1

The business of Helpmates Care Services involves supplying nurses and home care workers to visit elderly and disabled individuals in their homes to provide nursing and personal care.One of Helpmates' staff inadvertently gave the wrong medication to one of its clients,and the client had to be hospitalized as a result.Which statement best describes the wrongful act of the worker?

A) The defendant breached the standard of care owed to the patient.
B) The defendant breached the duty of care owed to its employer.
C) The defendant purposely caused the loss.
D) The defendant's conduct was accidental and therefore the defendant cannot be sued for negligence.

Answer 1

A

Question 2

A court is now considering a question of remoteness with respect to a plaintiff's injury.Plaintiff's counsel has argued the injury was a direct result of the negligent act of the defendant.Which element of this tort action must have already been established in Step 2?

A) Will compensation discourage legitimate business activity?
B) Was the injury suffered too remote?
C) Is the imposition of a standard of care unreasonable?
D) Did the defendant breach the standard of care?

Answer 2

D

Question 3

Which of the following best describes what the law regards as carelessness?

A) accidental losses
B) intending to cause damage
C) failure to use reasonable care
D) acting deliberately

Answer 3

C

Question 4

What is the law's traditional approach to financial or economic losses that are not accompanied by property or personal injury damage?

A) The loss is not usually recoverable.
B) The loss is always recoverable.
C) The recovery of such losses violates the "but for" test.
D) Such losses are recoverable if there is no insurance in place.

Question 5

Deep Check
Which of the following established the principle in negligence that defendants owe a responsibility to avoid carelessly causing harm to those whom they can reasonably foresee could be harmed by their carelessness?
A)C.562 (H.L.)
A)C.562 (H.L.)

A) Donoghue v.Stevenson [1932]
B) Hercules Managements Ltd.v.Ernst & Young [1997] 2 S.C.R.165
C) Kauffman v.Toronto Transit Commission [1960] S.C.R.251

Question 6

At what phase of inquiry in a negligence analysis would the court consider the thin skull rule?

A) Did the defendant breach the standard of care?
B) Did the defendant owe the plaintiff a duty of care?
C) Were the parties in a proximate relationship?
D) Were the damages too remote?

Question 7

How does the proximity analysis differ from the stage 2 analysis when applying the tort of negligence?

A) Proximity is concerned with the relationship between the parties and stage 2 is concerned with the legal system and society more generally.
B) Proximity is concerned with the physical connection between the parties and stage 2 is concerned with the legal relationship between the parties.
C) Proximity is concerned with fairness and stage 2 is concerned with reasonableness.
D) Proximity is concerned with the closeness of the parties and stage 2 is concerned with whether the defendant behaved reasonably.

Question 8

Which of the following is unnecessary in the successful litigation of an action arising from a negligent tortious act?

A) a prima facie harmful act
B) a standard of care
C) a calculated harmful act
D) reasonable care

Question 9

TrimAll Manufacturing has been found to owe a duty of care to the plaintiff who was severely injured when he stuck his hand in the path of the blade of his lawnmower manufactured by TrimAll.What evidence might persuade a court to deny damages to the plaintiff?

A) evidence that the plaintiff had insurance
B) evidence that the plaintiff was negligent
C) evidence that the plaintiff was working at the time of the loss
D) evidence that the lawnmower was borrowed from a neighbour

Question 10

Jaycee was seriously injured when the car she was driving was struck from behind by another vehicle whose driver was travelling at a speed of 130 kph in a 60 kph zone.She would like to sue the police for not 'catching' the other driver while he was speeding.Why is this approach unlikely to be successful?

A) Policy considerations may make it unwise to impose a duty of care.
B) The government cannot be sued for negligence.
C) The plaintiffs can sue only the party directly responsible for their losses.
D) The government did not breach the standard of care.

Question 11

Which of the following is a question that must be answered in the affirmative in order to establish actionable circumstances of negligence?

A) Was the omission the cause of the other's injury?
B) Was the logical consequence proof of intended negligence?
C) Did the defendant deliberately cause another misfortune?
D) Did the defendant deliberately breach the standard of care?

Question 12

What aspect of negligence is the law referencing when it applies the neighbour principle?

A) whether the defendant breached the standard of care
B) whether there is causation
C) whether the defendant owed the plaintiff a duty of care
D) whether the damage is too remote

Question 13

Which of the following is a distinguishing feature of the standard of care we are all expected to meet?

A) The standard of care expected is the same for everyone.
B) The standard of care is always that of an ordinary,reasonable person.
C) The standard of care expected is higher for professionals and others with specialized knowledge.
D) The standard of care expected is to take all possible steps to prevent foreseeable losses.

Question 14

An elderly woman with osteoporosis suffered numerous broken bones as a result of a minor car accident.A person without osteoporosis would not have suffered any broken bones in the same circumstances.What would you reasonably expect a court to determine with respect to a negligence claim by the elderly claimant?

A) The elderly claimant will receive full compensation on the basis of the thin skull principle.
B) The defendant has a complete defence.
C) The injury will pass the test of remoteness.
D) The elderly claimant will not be awarded any damages.

Question 15

What is the law's purpose with regard to imposing a higher standard of care on a physician responsible for injuries arising from a wrongful breast removal surgery?

A) to impose the reasonable person test
B) to encourage compliance,competence,care,and caution
C) to reduce the scope and the severity of loss to victims
D) to set the standard through expert evidence

Question 16

A court is listening intently to counsel's argument regarding causation in a case arising in negligence.What must counsel have already firmly established to now be addressing the issue of causation for the court's deliberation?

A) the general standard that helps a court assess the defendant's negligence
B) that the defendant had a duty to avoid carelessness that caused harm to another
C) the reasonableness of an exacting standard of care imposed on activities
D) the identity of anyone who might reasonably be affected by another's conduct

Question 17

What is the meaning of the Latin term prima facie?

A) a reasonably foreseeable consequence of an action
B) at first sight or on first appearance
C) a standard of measurement of questionable behaviour
D) a relationship relating to causality

Question 18

Which statement best describes a limitation to the defence of voluntary assumption of risk?

A) The defendant must prove the defence beyond a reasonable doubt.
B) The defendant must prove he assumed no legal risk.
C) The defendant show the plaintiff was committing a crime at the time of the loss.
D) The defendant must show the plaintiff's losses were purely economic in nature.

Question 19

Which statement best describes the liability of professionals?

A) They may only be sued by their clients.
B) They may be sued in contract but not tort.
C) They are held to a higher standard of care than an ordinary person.
D) They can only be sued for negligent misstatements.

Question 20

A tavern over-served a patron with alcohol who then drove their vehicle while intoxicated.Who might the tavern owe a duty of care in this situation?

A) the patron
B) the passengers in the patron's car and other users of the road
C) the patron,passengers in the patron's car and other users of the road
D) the provincial government for breaching the province's liquor laws

Question 21

A negligence victim experienced a prolonged recovery from injuries owing to an inherent physical weakness.What principle would a court apply to prevent a negligent defendant from escaping liability for full compensation in these circumstances?

A) foreseeability
B) thin skull
C) reasonableness
D) remoteness

Question 22

Which statement best describes one of the features of strict liability?

A) Strict liability is limited to criminal offences.
B) Strict liability makes only rare appearances in the law of torts.
C) Strict liability will only be imposed in cases of vicarious liability.
D) Strict liability requires the plaintiff to prove carelessness on the part of the defendant.

Question 23

In the legal context,a manufacturer's responsibility for the design,manufacture,or sale of its products is synonymous with which of the following?

A) a partial defence to relationship of proximity
B) the director's standard of care imposed by professional liability
C) a partial defence to neighbour relationship
D) the standard of care imposed by product liability

Question 24

What is the consequence of a finding that the plaintiff was contributorily negligent in a negligence action?

A) The plaintiff will recover 50% of his or her damages.
B) The plaintiff's claim will be dismissed.
C) Responsibility for the losses will be apportioned between the plaintiff and defendant.
D) The defendant can sue the plaintiff for damages.

Question 25

When a court asks,"Did the defendant behave in the manner of a reasonable person?" what aspect of the tort of negligence is the court considering?

A) Did the defendant owe a duty of care?
B) Did the defendant breach the standard of care?
C) Did the plaintiff sustain damage?
D) Is the damage too remote?

Question 26

Sony Corporation is thinking about having purchasers of its PlayStation product sign an arbitration clause that takes away their right to sue in court.What benefit might you reasonably expect Sony to achieve with such a clause?

A) It's a good public relations idea.
B) It's likely to reduce exposure to class action suits.
C) It's an actual way to remove liability.
D) It's effective provided customers receive legal advice.

Question 27

How does the court's decision in Deloitte & Touche v Livent Inc impact the liability of auditors in Canada?

A) Auditors will normally be liable only to their clients.
B) Auditors are now liable to anyone who relies on their audited financial statements.
C) Auditors can only be sued for breach of contract and not for negligent misstatement.
D) Auditors are not liable for pure economic loss.

Question 28

The Supreme Court stated that a person suffering mental injury as a result of another's negligence must prove that such a mental injury would have occurred in a person of ordinary fortitude.The fortitude of an ordinary person is held by the same court to be irrelevant in circumstances where carelessness caused physical injury and loss.What common law principle offers a valid criticism of the Supreme Court's position of the law with respect to involuntarily acquired mental illness?

A) the remoteness principle
B) the equity principle
C) the thin skull principle
D) the foreseeability principle

Question 29

Why is the defence of volenti non fit injuria often unsuccessful?

A) because the defendant must show the plaintiff acted with violence
B) because the defendant must show that the defendant owed a duty of care based on a special relationship
C) because both parties must understand that the defendant has assumed no legal responsibility
D) because it requires the defendant to produce a waiver signed by the plaintiff

Question 30

What is a distinguishing feature of European product liability law?

A) It allows pure economic loss.
B) It uses strict liability.
C) It requires breach of contract.
D) It requires proof of negligence.

Question 31

Hector didn't read the waiver clause in the entry form before signing it and paying his entry fee to compete in a weekend slalom ski-racing event.His neck broke as he landed on top of a pile of large rocks,after an unexpected collision with Juri sent him through a thin,unsupported barrier of mushy walled ice.Which of the following would most strongly support the Supreme Court of Canada's position that,in these circumstances,the defence of volenti non fit injuria would fail?

A) A signed waiver fails as an expression of a victim's true intention.
B) A waiver is an incorrect statement made carelessly.
C) A waiver is a misstatement giving rise to valid action in negligence.
D) A signed waiver fails as a reliable third-party agreement.

Question 32

If a court finds Rudy's spinal injuries are also the result of Rudy encouraging Benj to drive his boat at the excessive speed that caused the accident,what will immediately come into play?

A) contributory negligence
B) the standard of care
C) volenti non fit injuria
D) provincial legislation

Question 33

In which aspect of negligent misstatement does the term "an indeterminate class" arise?

A) non-professional
B) thin skull principle
C) standard of care
D) claims by non-clients

Question 34

In accordance with the Supreme Court of Canada's ruling in Crocker v.Sundance Northwest Resorts Ltd.,[1988] 1 S.C.R.1186,in Canada sliding down a hill in an oversized inner tube can NOT be viewed as constituting which of the following?

A) a failed defence of volenti non fit injuria
B) an assumption of known physical risks
C) a waiver of legal rights
D) a consent to legal risk

Question 35

What is a distinguishing characteristic of the tort of negligent misstatement?

A) It clearly places an unduly broad scope of liability on professionals.
B) The tort action co-exists with an actionable contractual breach.
C) The client faces liability for the tort of negligent misstatement.
D) It strongly places liability for third-party reliance on professionals.

Question 36

Who would the law consider to be the 'reasonable person' for the purposes of the tort of negligence?

A) a trained person
B) the judge
C) an average person
D) an ordinary person of normal intelligence and prudence

Question 37

Marsha was permanently disabled by a drunk driver in an automobile accident.Her lawyer missed the limitation date for filing her claim,causing further economic and psychological suffering to Marsha.What is the role of the thin skull rule in these circumstances?

A) Damages cannot be reduced because of a pre-existing vulnerability.
B) It holds inherent weakness to be negative to a full damage award.
C) The lawyer can escape full liability due to a pre-existing injury.
D) It holds defendants are not required to foresee the full extent of loss.

Question 38

In the court's view,the law requires employees of a bar establishment to encourage a potentially intoxicated patron to not drive his or her automobile.This duty includes involving police,if necessary,to ensure the patron does not drive under the effects of alcohol consumption.What type of duty has the law imposed on the establishment and its employees?

A) a positive duty
B) a vicarious duty
C) a public duty
D) an explicit duty

Question 39

Which of the following is synonymous in negligence law with the statement "it is not enough to establish some of the steps or even most of them"?

A) the plaintiff's requirement to prove each and every step
B) the defence of volenti non fit injuria
C) the plaintiff's automatic entitlement to damages
D) the right to recover a loss of income.

Question 40

What would you reasonably expect a European Union state court to base its findings on when determining a matter involving defective-product liability?

A) limited liability
B) a fault-based standard
C) a no-fault standard
D) strict liability

Question 41

Strict liability does not automatically apply under Canadian law in circumstances where a breach of contract arises as a result of an employee's breach.

Question 42

In negligence law,injury caused by unintended culpable conduct on the part of a defendant is non-compensable.

Question 43

Which of the following is synonymous with strict liability with respect to Canadian negligence law?

A) vicarious liability
B) public liability
C) contributory liability
D) prima facie liability

Question 44

In negligence law,it is possible that a careless defendant will not be found liable for damages he caused if there are policy reasons to negate the imposition of a duty of care.

Question 45

A large group of members who have similar claims against the same defendant are unlikely to be given certification as a class action in Canadian courts.

Question 46

Employers may be liable in tort law with respect to negligence arising from injuries related to the consumption of alcohol during office parties.

Question 47

Commercial establishments serving alcohol owe a duty of care to impaired patrons to assist them or prevent them from being injured.

Question 48

Manufacturers are not held in tort law to owe a duty to consumers of their products.

Question 49

In Canada,manufacturers of poorly produced or designed product are strictly liable for any losses suffered by users of their product.

Question 50

The tort of negligence reflects the idea that we are expected to act reasonably toward those who we should foresee could be harmed by our carelessness.

Question 51

In which of the following circumstances would a Canadian court be least likely to follow a fault-based system of determining liability for a negligent act?

A) a claim arising for liability for contributory negligence
B) a claim arising from product liability
C) a claim arising for liability for tort of negligence
D) a claim arising from liability in contract

Question 52

Donaghue v.Simpson is the foundation of modern negligence law.

Question 53

The idea of remoteness is concerned with whether there is a sufficiently close relationship between the plaintiff and defendant.

Question 54

Businesses affected adversely by product liability face claims arising from both negligence law and the law of contract.

Question 55

Why is the application of strict liability necessarily limited by Canadian tort law?

A) Canadian tort law takes contributory negligence into consideration.
B) Canadian tort law is founded on a strict liability system.
C) Canadian tort law is founded on a fault-based system.
D) Canadian tort law is imposed irrespective of proof of negligence.

Question 56

The thin skull rule is a defence to the tort of negligence.

Question 57

Having to prove that for no other reason than for acting on a duty of care owed to them,a party suffered injury or loss is known as the "but for" test.

Question 58

The imposition of strict liability is a frequent phenomenon in Canadian tort law.

Question 59

The defence of voluntary assumption of risk is a complete defence to a lawsuit.

Question 60

Proximity is concerned with whether there is a sufficient connection between the carelessness of the defendant and the loss suffered by the plaintiff.

Question 61

In tort law,the term "neighbour" is considered to imply a relationship that exists between the defendant's conduct and the plaintiff's loss or injury.

Question 62

Becky's carelessness while driving resulted in serious injuries to an elderly individual in another car.While a younger person might have sustained only minor physical injuries,the elderly plaintiff's pre-existing osteoporosis resulted in severe injuries.Explain how the thin skull rule will apply in this case.

Question 63

Why might the courts look more favourably on the defence of contributory negligence as compared to the defence of voluntary assumption of risk?

Question 64

Identify and briefly explain the manner in which negligence law is similar to tort law in general.Include a brief explanation of how this similarity is accomplished in negligence law.

Question 65

In what way does a claim of negligent misstatement different from an ordinary negligence action?

Question 66

The standard of a reasonable person is the responsibility owed to avoid carelessness that causes harm to another.

Question 67

The thin skull principle is the standard applied to judge whether a person's conduct in a given situation is negligent.

Question 68

Briefly describe how a prima facie duty of care is established.