Deck 10: Introduction to Tort Law

Question 1

What are the legal terms given to a criminal and the criminal's victim?

A) petitioner, complainant
B) accused, defendant
C) petitioner, defendant
D) accused, complainant

Answer 1

D

Question 2

What legal term is derived from the Latin word meaning "crooked"?

A) deceit
B) tort
C) thief
D) fraud

Answer 2

B

Question 3

What elements must be present in order for a court to be satisfied that a party may be found to have committed the tort of deceit?

A) uttering threats of imminent physical harm
B) coming onto another person's property uninvited
C) relying on another's intentional fraud
D) unwittingly misrepresenting facts

Answer 3

C

Question 4

What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?

A) to facilitate the rehabilitation of society's less than fortunate citizens
B) to determine awards of compensation for the victims of crimes
C) to determine and enforce the adequate punishment of wrongdoers
D) to maintain respect for established societal rights of the Canadian people

Question 5

Which of the following is a distinguishing feature of a tortious event giving rise to legal consequences?

A) Legal consequences may arise under either criminal or tort law, but not both.
B) Legal consequences can arise under criminal and tort law from the same event.
C) Any intentional infliction of lawful force on another person is compensatory.
D) Anyone committing a tortious act commits an offence under the Criminal Code.

Question 6

How does the law of torts respond when an individual believes she has been harmed as a result of another's alleged questionable acts?

A) It seeks to impose liability based on the concept of no-fault limited liability.
B) It automatically shifts responsibility for the loss to another party.
C) It responds by automatically providing a remedy to the innocent party.
D) It provides an evolving set of rules for determining entitlement to a damage award.

Question 7

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

A) The act causing the harmful event was unintentional.
B) The loss was reasonably unforeseeable or reasonably unpreventable
C) The act is an indictable offence under the Criminal Code of Canada.
D) The loss was reasonably foreseeable or reasonably preventable.

Question 8

What form of tort is a premeditated harmful act?

A) intentional
B) battery
C) assault
D) negligence

Question 9

How must you have been shown to act if a court considers you to be a negligent tort-feasor?

A) as a consumer having purchased a defective product
B) as the unwilling victim of another's harmful act
C) as being responsible for causing another's loss
D) as unwittingly having caused injury or harm to others

Question 10

Which of the following would be characteristic of an offence of aggravated assault under s. 268(1) of the Criminal Code of Canada?

A) entering onto another person's property without consent
B) wilful disfiguration or endangerment of another person
C) commission of a careless act causing loss to another
D) idle talk of threats to physically harm another person

Question 11

What did the Supreme Court of Canada establish as the measure of whether a party's actions causing harm or injury to another are tortious in nature?

A) the need for provision of compensation in the form of an award of damages
B) the degree to which the conduct of the offending party is deserving of blame
C) the provision of compensation to persons injured by another's actions
D) the need for compensation must arise through a breach of contract

Question 12

Where the same incident has led to both criminal charges and the commencement of a lawsuit, what will most likely be the result?

A) A criminal conviction ensures a successful civil liability action in tort.
B) Criminal conviction is relevant to establishing a related civil action in tort.
C) A prior civil compensatory award for tort ensures criminal conviction.
D) Civil actions are unable to proceed without a prior criminal conviction.

Question 13

Which of the following is the phrase "unreasonable conduct" synonymous with when considered in its legal context?

A) battery
B) deceit
C) negligence
D) fraud

Question 14

Which of the following is most likely attributable to a private prosecution?

A) a rare form of criminal prosecution initiated by a private individual
B) a rare form of civil action in which the defendant is a private individual
C) a typical form of civil action in which the plaintiff is a private individual
D) a typical form of criminal prosecution initiated by the Crown

Question 15

Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?

A) A finding of guilt must be capable of being logically deduced from the evidence.
B) All elements of the alleged crimes must be proven beyond a reasonable doubt.
C) All elements of the alleged crime must be sufficient to raise a reasonable doubt.
D) A finding of guilt may be established without contrary evidence being presented.

Question 16

What does the law consider to be a qualifying act with respect to the commission of a tort of assault?

A) non-consensual physical contact violating another's bodily security
B) the act of coming onto another person's property without consent
C) the intentional misrepresentation of facts
D) the intentional threat of imminent physical harm

Question 17

Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to file the claim within the prescribed time. What is the tort that arises in these circumstances?

A) professional negligence
B) professional incompetence
C) incompetence
D) negligence

Question 18

How do Crown prosecutors serve as the gatekeepers of the criminal courts?

A) They typically determine which criminal offences to prosecute.
B) They are designated employees of the provincial governments.
C) They are designated employees of the federal government.
D) They typically work closely with police enforcement officers.

Question 19

What does the law consider to be a qualifying act with respect to the commission of a tort of battery?

A) an uninvited intentional occupation of another person's property
B) an uninvited intentional physical violation of another's bodily security
C) a careless act or omission that causes harm to another
D) an overt threat of imminent physical harm

Question 20

Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert, but they were determined to go nonetheless. They were humiliated when they were apprehended shortly after sneaking in through a side entrance, charged, and sternly escorted from the building. What is the most likely infraction arising from these circumstances?

A) defamation of character
B) trespass to land
C) libel
D) negligence

Question 21

In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another's tortious act, which of the following would also qualify for monetary compensation under tort law?

A) enjoyment of life
B) recurring trespass
C) physical injury
D) slight economic harm

Question 22

Which of the following is synonymous with the legal term "exemplary damages"?

A) special damages
B) pecuniary damages
C) punitive damages
D) general damages

Question 23

What is the meaning of the legal term "structured settlement"?

A) a settlement in the form of tax-free apportioned annuity payments
B) a form of victim compensation paid from a taxpayer-funded program
C) a monetary settlement awarded by a court as compensation for injury or loss
D) a settlement encompassing amounts awarded for differing damage entitlements

Question 24

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff's cost of future care?

A) testimony from labour and vocational experts
B) expert testimony from accountants and/or actuaries
C) expert testimony from the provincial health insurer
D) testimony from medical, occupational, and rehabilitation experts

Question 25

Why would a hotel guest who has been injured by a tortious act of the hotel's employee be entitled to claim liability in tort and in contract?

A) Businesses are particularly vulnerable to the doctrine of vicarious liability.
B) Providing a reasonably safe environment is an implied term of the contract.
C) Provision of inadequate service gives rise to primary liability of employees.
D) Businesses are exposed to a wide variety of risks related to tort actions.

Question 26

What must be established to give rise to a cause for a civil action based on primary liability?

A) an act of self-defence
B) a criminal conviction
C) an individual's own misdeed
D) torts of assault and battery

Question 27

How would a court determine the amount by which to reduce a plaintiff's award where that party has also acted negligently?

A) by considering the defence alleging contributory negligence by the plaintiff
B) by determining the degree to which a plaintiff is responsible for their own loss
C) by apportioning liability for the loss between all of the joint tort-feasors
D) by determining that the loss sustained was much less than it might have been

Question 28

Which of the following is a distinguishing characteristic of non-pecuniary damages?

A) Non-pecuniary damage awards will increase in proportion to costs of future care.
B) Non-pecuniary damage awards will increase in proportion to medical costs incurred.
C) A serious, permanent injury will attract a higher general damage award.
D) A substantial income loss will result in an increased non-pecuniary damage award.

Question 29

Under what circumstances will a court hearing a civil action most likely determine it is necessary to punish a tort-feasor's offensive behaviour?

A) where the defendant has sufficient assets to warrant such an award
B) where the victim requires modifications to his living accommodations
C) where the defendant might otherwise profit from the objectionable behaviour
D) where there has been significant out-of-pocket expenses resulting from injury

Question 30

What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee?

A) It is the significant connection justifying an employer's vicarious liability.
B) Courts consider that the party who benefits from business should bear its associated costs.
C) It is the significant connection prescribed under the doctrine of primary liability.
D) Courts consider that the fact that wrongful acts may occur is a cost of business.

Question 31

What are the categories of pecuniary damages that may be awarded in accordance with tort law?

A) compensation awarded to the plaintiff to punish the defendant for particularly offensive behaviour
B) compensation for pain and suffering, loss of enjoyment of life, and loss of life expectancy
C) compensation for out-of-pocket expenses, loss of future income, and cost of future care
D) no-fault compensation for injured employees in lieu of their right to sue

Question 32

Marion ran a red light, colliding with Amand's vehicle. Amand had consumed four beers before getting behind the wheel. He suffered two broken legs in the accident and missed work for 14 months. Marion filed a defence seeking to reduce the amount of any damage award made against her. What would the court need evidence of in order to accept Marion's defence?

A) joint tort-feasors
B) contributory negligence
C) vicarious liability
D) intentional tort

Question 33

Which of the following would immediately justify a court finding an employer vicariously liable?

A) authorized actions within the ordinary course of employment
B) evidence of unauthorized mode of performance
C) evidence establishing a significant connection
D) authorized actions outside the ordinary scope of employment

Question 34

Which of the following is a distinguishing characteristic of workers' compensation legislation?

A) a right to sue for work-related injuries
B) compensation for contributory negligence
C) no-fault compensation for injured employees
D) criminal liability for causing injuries to co-workers

Question 35

What would a court most likely rely on when awarding damages to compensate an innocent party for their loss in a case involving joint tort-feasors?

A) each tort-feasor's ability to pay damages
B) each tort-feasor's risk of wrongful conduct
C) each tort-feasor's level of responsibility
D) each tort-feasor's contributory negligence

Question 36

What must a finding of guilt or innocence beyond a reasonable doubt be based on?

A) objective and factual reasoning
B) better than a 50 percent chance
C) logic and common knowledge
D) reason and common sense

Question 37

What would a lawyer representing an individual wrongfully imprisoned as a result of a fraudulent act on the part of a Crown prosecutor most likely seek as compensation for her client's intangible injuries?

A) aggravated damages for the defendant's reprehensible actions
B) punitive damages to punish the defendant's oppressive actions
C) special damages to punish the defendant's high-handed conduct
D) pecuniary damages for the defendant's malicious conduct

Question 38

Which of the following is a common characteristic associated with an award of special damages?

A) They relate to out-of-pocket expenses resulting from an injury-causing event.
B) They are the exception to the general rule of damages awarded for injury.
C) They are based on diminished earning capacity resulting from the injury.
D) They are another form of non-pecuniary damages arising from tangible losses.

Question 39

Which of the following circumstances is synonymous with the legal term "joint tort-feasor"?

A) A culpable party has committed more than one tort.
B) It is a form of court order prohibiting certain conduct.
C) All blameworthy parties to the tort share joint liability.
D) A victim is found responsible for a portion of the loss.

Question 40

Why would a court hearing a civil action apportion liability?

A) A damage award is increased due to contributory negligence.
B) A damage award of 100 percent of the claimed amount is unwarranted.
C) The circumstances involve professional negligence.
D) The circumstances involve multiple tort-feasors.

Question 41

Assault involves a threat of physical harm followed by actual physical contact.

Question 42

The nature of precedent is inherently contemporary, meaning that judges can use their discretion and ignore past cases in order to force the evolution of the law in accordance with policy directives.

Question 43

The tort of negligence is the most uncommon of the torts that arise in a business context.

Question 44

There are many different torts, each with its own unique set of requirements.

Question 45

Tort law generally denies compensation for injury to a person's sense of honour in cases of defamation or libel.

Question 46

Trespass to land must involve recurring wrongful interference with someone's possession of land.

Question 47

Which of the following would immediately let you know that a business has been ignoring the need to manage tort risk?

A) instituting training programs
B) loss of insurance coverage
C) loss of brand recognition
D) instituting hiring policies

Question 48

The ability to claim in tort is enhanced under provincial no-fault automobile insurance schemes.

Question 49

A judge will likely rely on expert opinions from occupation experts, labour economists, and actuaries when determining the value of an injured plaintiff's diminished earning capacity.

Question 50

Intentional torts are harmful acts that are committed on purpose.

Question 51

The word "tort" is a legal term used to describe any type of harm or injury caused by one person to another, excluding instances of breach of contract.

Question 52

In order to avoid responsibility for a tortious act, individuals must take reasonable care to avoid acts or omissions that they can reasonably foresee would be likely to cause injury to others.

Question 53

Commission of an intentional tort will lead to liability, while commission of a negligent act typically will not.

Question 54

The same event cannot give rise to legal consequences in criminal law and in tort law.

Question 55

Generally, supporting expert evidence is required to sustain an action for damages for emotional distress.

Question 56

The law of torts will automatically provide a remedy when someone has been physically or emotionally injured.

Question 57

The law of torts narrowly restricts the amount of compensation awarded to an injured party when the injury is the result of someone else's blameworthy conduct.

Question 58

An out-of-court settlement for injuries suffered as a result of a tort is final and bars recovery by a lawsuit.

Question 59

When an employer is vicariously liable, the employee who actually caused the plaintiff's loss retains primary liability.

Question 60

The definition of the term "assault" is the same in tort law and criminal law.

Question 61

Provide a description of the factors to be considered by a court when making a determination with respect to a compensatory award for cost of future care. Briefly explain how a court will arrive at the amount of compensation that should properly awarded to the plaintiff for a cost of future care award.

Question 62

Provide a brief description of the nature of the expenses a court will consider when awarding special damages for an injury-causing event. Provide examples of the types of expenses that fall under this damage category, and indicate what a court will require from an innocent party in order to determine the amount of the award. Identify the legal principle that is applicable in some provincial jurisdictions and the types of costs that must be repaid to these provincial health insurers.

Question 63

Provide a brief explanation of the circumstances that would involve joint liability under the law of torts. Include a brief discussion of how legislation assists an innocent victim to recover amounts awarded where there is joint liability for the tort.

Question 64

Provide a brief discussion of the tort relating to a consumer who purchased and was harmed by the subsequent use of a defective product.

Question 65

Identify and briefly describe the law's rationale for holding employers vicariously liable for the tortious actions of their employees.

Question 66

Distinguish between pecuniary and non-pecuniary losses. Which of these can lead to compensation under the principles of tort law?

Question 67

Explain what must be valued by a judge with respect to determining the amount of an award for loss of future income. Identify the parties a judge is likely to rely on to arrive at a decision as to the amount of compensation to be awarded.

Question 68

Contributory negligence legislation apportions responsibility among those whose conduct has led to injury.

Question 69

Identify the party on whom attention is focused when a tort has been committed. Are the circumstances the same when a criminal offence has been committed? What is the primary purpose each form of law seeks to achieve with regard to individuals and their wrongful acts?

Question 70

The risks of liability for torts are substantial for just about any business venture. As a result, good business requires good risk management. What are the implications in the human relations area? Also, how does a good risk management plan affect the cost of insurance? Explain.

Question 71

What is the common law rule regarding the availability of compensation when the plaintiff's contributory negligence contributed to his/her injury? How has this been changed by legislation?