Question 1

Rawls Inc.sued Nozick Ltd.in tort.The court awarded nominal damages.This means that

Accepted Answer

A) Nozick must have committed the tort of negligence. 
B) the court held Nozick liable even though it did not know the company's name.. 
C) Nozick must have committed an equitable wrong rather than a legal wrong. 
D) Rawls did not prove that it suffered an actual loss as a result of Nozick's tort. 
E) Nozick must have committed the tort of defamation.

Question 2

Which of the following statements is TRUE?

Accepted Answer

A) Nominal damages are always awarded in addition to compensatory damages. 
B) In tort law, nominal damages are generally only available for torts that are actionable per se. 
C) Nominal damages are generally only available for the tort of negligence. 
D) Nominal damages are intended to punish the tortfeasor. 
E) The phrase "nominal damages" refers to any type of damages that have a name.

Question 3

Carlos has been sued for the tort of negligence while working at SKS Logistics.He failed to inspect his truck and missed seeing a failure in the brake line that caused him to get in an accident.Which of the following is true?

Accepted Answer

A) SKS is not vicariously liable if it has liability insurance. 
B) The plaintiffs can sue SKS only if SKS specifically told Carlos not to check the brakes. 
C) SKS bears all of the risk and Carlos cannot be sued for acts performed on the job. 
D) Depending upon how SKS trained Carlos, it may be both vicariously liable and personally liable. 
E) Because of the need to hold companies responsible, the law prohibits SKS from acquiring liability insurance in connection with the risk of vicarious liability.

Question 4

Faye is a wildlife expert who works for a major zoo.Because her love of animals does not end when she leaves work each night, she has a number of exotic pets in her home, including a small capuchin monkey that she calls Kong.Unfortunately, although Kong had no history of violent behaviour, he viciously attacked a door-to-door canvasser named Ray who rang Faye's doorbell one evening.Which of the following statements is TRUE?

Accepted Answer

A) Under the traditional common law rules, Faye cannot be held liable because Kong had not previously bitten anyone. 
B) Because the common law imposes unlimited and absolute liability on anyone who has control of a wild animal, Faye will be held liable for Ray's injuries and there are no defences that are available to her. 
C) Faye cannot be held liable unless the court is satisfied that she either carelessly controlled Kong or intentionally caused Kong to attack Ray. 
D) Even if she would otherwise be held strictly liable for Ray's injuries, Faye may escape liability under the defence of consent if she proves that, before ringing the doorbell, Ray freely chose to accept the risk of injury despite reading a sign that provided a clear warning about the wild animals in the house and told people to stay away. 
E) Liability for wild animals is a type of intentional tort.

Question 5

Miriam worked as a financial advisor with Acme Investments Inc.Over the period of several years, she stole millions of dollars from the company's clients.She did so by means of a complex and carefully planned series of fraudulent transfers.The company had no reason to believe that anything was wrong until the police arrived one day and explained the entire situation to Acme's president.Which of the following statements is TRUE?

Accepted Answer

A) If the company's clients sue Miriam in tort law, she automatically has the right to rely on any liability insurance policy that Acme purchased for itself. 
B) As a result of tort law's deterrence function, an employer is vicariously liable for every tort that an employee commits during normal business hours. 
C) Acme may be held vicariously liable even though it had no reason to believe that Miriam was acting improperly. 
D) Acme may have liability insurance against personal liability, but it cannot have liability insurance against vicarious liability. 
E) The doctrine of vicarious liability means that Acme has a duty to defend Miriam if she is sued in tort.

Question 6

Which of the following statements is TRUE with respect to alternative compensation schemes?

Accepted Answer

A) Most workers' compensation schemes are funded by voluntary donations from employees. 
B) No-fault automobile accident schemes only apply to accidents that were not the fault of either party. 
C) No-fault automobile accident schemes are restricted to people who are not to blame for the accidents that caused their injuries. 
D) Most alternative compensation schemes are funded by a tax that is imposed on damages that are awarded in tort cases. 
E) Workers' compensation schemes usually prevent the victim of a workplace accident from suing in tort.

Question 7

Within the context of alternative compensation schemes, which of the following statements is TRUE?

Accepted Answer

A) Alternative compensation schemes may apply whether the cause of the claimant's injury was innocent, accidental, or deliberate. 
B) Alternative compensation schemes are generally thought to be inefficient because they often fail to provide full compensation. 
C) Workers' compensation schemes were created in order to protect employers from vicarious liability. 
D) Parliament created a no-fault insurance scheme for automobile accidents that applies across the country. 
E) No-fault insurance schemes are funded with compulsory contributions by employers.

Question 8

Although the same set of events may support both a law suit in tort and a criminal prosecution, a civil action will not succeed if a wrongdoer has already been convicted of a criminal offence.

Accepted Answer

A) True 
 B)False

Question 9

Briefly identify and explain the manner in which tort obligations and contractual obligations generally arise.Briefly explain why tort obligations create a greater hazard for the purposes of risk management.

Accepted Answer

The answer of Briefly identify and explain the manner in...

Question 10

Brian takes great pride in being obnoxious.One of his favourite ploys is to talk loudly on his cellphone during movies.Unfortunately for him, few people see the humour in his behaviour, and some become positively hostile.Brian learned that lesson several months ago during a late night show at the Bijou Theatre.After he rudely refused to quiet down, Brian was asked by Myriam, the theatre's night manager, to leave the premises.Brian loudly refused that request as well.Myriam then announced that she was going to the lobby to call the police to escort Brian off the premises.The moment she left the room, however, another customer named Ivan jumped Brian from behind, knocked him senseless with a single, vicious blow to the back of his head, and dragged his limp body out the exit and into the alley behind the theatre.Which of the following statements is most likely TRUE?

Accepted Answer

A) Because Ivan, by removing Brian from the premises, was performing the type of act that is normally performed by an employee, the theatre may be vicariously liable for any torts that Ivan may have committed. 
B) If Ivan's actions constitute a crime, then he will be held liable to Brian for compensatory damages only if there is proof beyond a reasonable doubt that Ivan also committed a tort. 
C) Given the violent nature of Ivan's attack on Brian, a court almost certainly would apply a strict liability tort. 
D) As long as Ivan and Brian both contribute to a workers' compensation scheme, Brian will be entitled to compensation from that scheme. 
E) Ivan may be liable to Brian for punitive damages even if he is not convicted of any crime.

Question 11

The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates both a hockey team by that name and the Kingston Arena.The Maroons employ Gilbert Douglas, who is the team's star player.During a recent game, Douglas was sent to the penalty box by the referee.Unhappy with the referee's decision, Douglas slammed the penalty box door shut.That caused the protective glass attached to the penalty box to shatter.Cherie, a fan who was sitting nearby, was cut by the broken glass.The evidence proves that the accident was caused partly by Douglas's carelessness in slamming the penalty box door shut, and partly by the fact that the Maroons organization had carelessly installed the protective glass.Both Douglas and the Maroons therefore committed the tort of negligence.Which of the following statements is probably TRUE?

Accepted Answer

A) The Kingston Maroons Corp.is personally liable to Cherie only if Douglas is classified as an independent contractor. 
B) Douglas is not personally liable to Cherie in tort because her case falls within the workers' compensation scheme. 
C) The Kingston Maroons Corp.and Gilbert Douglas are both liable to pay compensatory damages to Cherie. 
D) Douglas is relieved of personal liability if the Kingston Maroons Corp.is held vicariously liable. 
E) If Douglas is an employee of the Kingston Maroons, then he must be an independent contractor as well.

Question 12

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd.Which of the following statements is most likely TRUE?

Accepted Answer

A) The insurance policy will protect WorldWide from liability in tort. 
B) A liability insurance policy is important only if and when a person is held liable by a court. 
C) The insurance policy will protect Omega only if Omega has a contract with at least one other party. 
D) Omega probably purchased liability insurance because it was worried that it might not be able to collect full damages if it was hurt by a tortfeasor. 
E) Despite issuing the liability insurance policy, WorldWide may not be required to pay damages on behalf of Omega if Omega committed a tort with the intention of deliberately hurting the victim, and if the insurance policy excludes coverage for such acts.

Question 13

Which of the following statements is TRUE with respect to the relationship between tort and contract?

Accepted Answer

A) A plaintiff who is entitled, on the basis of the same set of facts, to sue in both tort and contract should always sue in contract because contractual damages are always worth at least as much as tort damages. 
B) A plaintiff who is entitled, on the basis of the same set of facts, to sue in both tort and contract should always sue in tort because tort damages are always worth at least as much as contractual damages. 
C) The concept of privity is fundamental in contract but does not exist in tort law. 
D) Damages look backwards in contract but forwards in tort. 
E) The obligation to behave in a certain way is considered primary in contract and secondary in tort because contract law historically developed before tort law.

Question 14

Gawain and Julie are neighbours.Gawain committed the tort of trespass to land by smashing a window in Julie's attic with a baseball bat.Julie could have quickly and easily fixed that damage by paying a home repair company $1000.Instead, she did nothing for eight months.At the end of that period, a thunderstorm caused rain to pour into Julie's attic through the broken window.Julie then paid a home repair company $4000 to fix both the broken window and the damage caused to the attic by the rain.Which of the following statements is TRUE?

Accepted Answer

A) A court would probably impose an injunction to require Gawain to fix the damage to Julie's house himself. 
B) The doctrine of mitigation would not apply because Gawain committed an intentional tort. 
C) A court would probably award Julie compensatory damages of $4000. 
D) A court would probably order Gawain to pay compensatory damages of $1000 and hold that Julie is responsible for the rest of her loss. 
E) The doctrine of mitigation is used to deter the commission of torts.

Question 15

Eve is very angry about an incident that she experienced at work last week.She says that her employer acted in a completely negligently manner when it ordered her to perform a dangerous task.Which of the following statements is most likely to be TRUE?

Accepted Answer

A) If Eve's employer acted very badly, but she did not actually suffer any loss as a result of the incident, a court will award both nominal damages and punitive damages. 
B) The workers' compensation scheme will provide Eve with compensation only if she can prove that another employee caused her injury. 
C) If Eve is entitled to receive benefits under the workers' compensation scheme, she cannot sue her employer. 
D) If Eve receives partial relief from the workers' compensation scheme, she can sue her employer to provide compensation for the rest of her losses. 
E) Eve has the right to choose between suing her employer in tort and making a claim to the workers' compensation scheme.

Question 16

What is an "alternative compensation scheme"? From the perspective of an injured person, what are the advantages and disadvantages of receiving relief under an alternative compensation scheme, rather than under tort law?

Accepted Answer

The answer of What is an "alternative compensation scheme"? From...

Question 17

Miles was sued in tort.He previously purchased a liability insurance policy from Western Mutual Insurance Co.Even if the lawsuit against him ultimately fails, that insurance policy may be beneficial to Miles because it will require the insurance company to pay for the costs associated with the trial including Miles actual expenses to have a lawyer defend him.

Accepted Answer

A) True 
 B)False

Question 18

Eliza adores animals.Consequently, although she works in a small office, she brings a number of pets to work with her every day.She always brings Higgins, her poodle.Depending upon the circumstances, she often also brings Henry, her badger.For the most part, the animals cause no problems.Eliza is very conscientious and she takes every precaution to ensure that her animals do not cause any damage to the people and property around them.Unfortunately, as a result of a thunderstorm, both Henry and Higgins became unusually agitated one day at Eliza's office.And despite Eliza's best efforts to comfort and control them, they both bit Rex, a courier delivery person, as he entered Eliza's office.Eliza is very apologetic, but she does not believe that she should be liable for the losses that Rex suffered as a result of the attack.She did, after all, do her best to protect Rex from harm, both by training Henry and Higgins to behave gently toward strangers and by trying to calm them down during the storm.Based on the common law rules discussed in Chapter 3, would a court hold Eliza liable to Rex? If so, on what basis?

Accepted Answer

The answer of Eliza adores animals.Consequently, although she works in...

Question 19

You may be held liable in tort even though you were unaware of the fact that you owed an obligation to the plaintiff.

Accepted Answer

A) True 
 B)False

Question 20

Abdul worked for Primus Finance Co.Following a series of disastrous losses, several of the company's customers have sued Abdul in tort.Because Abdul has relatively little money, however, those customers also want to sue Primus Finance.Primus Finance denies vicarious liability by arguing that Abdul was an independent contractor rather than an employee.A court is more likely to decide that Abdul was an independent contractor if

Accepted Answer

A) Abdul decided for himself when, where, and how he would provide services to Primus Finance. 
B) in order to perform his work, Abdul used an office and computer system that belonged to Primus Finance. 
C) the customers who are suing protected themselves against losses through insurance policies. 
D) Abdul committed his torts against the company's clients deliberately rather than carelessly. 
E) Abdul was paid a consistent amount by Primus Finance every two weeks.

Exam 3: Introduction to Torts

Rawls Inc.sued Nozick Ltd.in tort.The court awarded nominal damages.This means that

Which of the following statements is TRUE?

Carlos has been sued for the tort of negligence while working at SKS Logistics.He failed to inspect his truck and missed seeing a failure in the brake line that caused him to get in an accident.Which of the following is true?

Which of the following statements is TRUE with respect to alternative compensation schemes?

Within the context of alternative compensation schemes, which of the following statements is TRUE?

Although the same set of events may support both a law suit in tort and a criminal prosecution, a civil action will not succeed if a wrongdoer has already been convicted of a criminal offence.

Briefly identify and explain the manner in which tort obligations and contractual obligations generally arise.Briefly explain why tort obligations create a greater hazard for the purposes of risk management.

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd.Which of the following statements is most likely TRUE?

Which of the following statements is TRUE with respect to the relationship between tort and contract?

Eve is very angry about an incident that she experienced at work last week.She says that her employer acted in a completely negligently manner when it ordered her to perform a dangerous task.Which of the following statements is most likely to be TRUE?

What is an "alternative compensation scheme"? From the perspective of an injured person, what are the advantages and disadvantages of receiving relief under an alternative compensation scheme, rather than under tort law?

You may be held liable in tort even though you were unaware of the fact that you owed an obligation to the plaintiff.