Deck 10: Introduction to Tort Law

Question 1

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

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

Answer 1

B

Question 2

What tort arises when lawyers,accountants,or other professionals give their clients incompetent advice that causes loss?

A) deceit
B) passing off
C) negligence
D) professional irresponsibility

Answer 2

C

Question 3

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

Answer 3

B

Question 4

Which of the following is an intentional tort?

A) product liability
B) battery
C) careless driving
D) negligence

Question 5

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 6

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 7

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 8

What are the legal terms given to the party bringing a criminal action and to the party bringing a tort action?

A) petitioner,complainant
B) applicant,plaintiff
C) appellant,complainant
D) the Crown,plaintiff

Question 9

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 10

Which of these statements correctly describes the relationship between tort law and criminal law?

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) A tort is a public wrong whereas a crime is a private wrong.
D) Anyone committing a tortious act commits an offence under the Criminal Code.

Question 11

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 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

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 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

While a central function of tort law is compensation for innocent victims,why might the application of tort law not result in compensation for an innocent victim?

A) because any fault on the part of the victim will negate his or her claim
B) because the wrongdoer was already convicted criminally for the same wrong
C) because the victim has failed to satisfy the "clean hands" rule
D) because tort law requires blameworthy conduct on the part of the defendant

Question 16

How do the burdens of proof in criminal cases and tort cases differ?

A) The burden of proof in a criminal case is higher than in a tort case.
B) The burden of proof in a criminal case is "beyond a balance of probabilities," but it must be "proven beyond a reasonable doubt" in a tort case.
C) The burden of proof in a criminal case rests with the accused,whereas in tort cases it rests with the plaintiff.
D) It is easier to prove a tort case than it is to prove a criminal case

Question 17

Armand,who previously had no reason to believe he was in poor health,crashed his truck into a parked car after unexpectedly fainting at the wheel.Under these circumstances,why might the owner of the damaged vehicle be prevented from recovering compensation from Armand?

A) The type of damages was not reasonably foreseeable.
B) Armand has insurance and therefore is protected from being sued.
C) No tort has been committed by Armand.
D) Armand owes no duty of care in these circumstances.

Question 18

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 19

Which of the following describes the distinction between criminal law and tort law?

A) Tort law doesn't require the defendant's fault,whereas criminal law does require fault.
B) Tort litigation must be commenced by a business,whereas criminal proceedings are commenced by victims of crime.
C) Tort law is concerned with insurance claims,whereas criminal law is concerned with restitution to victims of crime.
D) Tort law is concerned with compensation,whereas criminal law is concerned with punishment.

Question 20

Which of the following statements best describes one of the key objectives of tort law?

A) to allow parties certainty and the ability to plan their business affairs
B) to determine when a loss by one person should be shifted to the person responsible
C) to ensure that negligent parties are punished for their carelessness
D) to prevent losses

Question 21

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 22

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 23

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 24

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 25

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 26

Which of the following describes a justification for the doctrine of vicarious liability?

A) The person who benefits from a business enterprise should bear the associated costs.
B) Employers can sue their employees for reimbursement.
C) Employers are protected by liability insurance.
D) The employers and employees are joint tort-feasors.

Question 27

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 28

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 29

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 30

Which of the following is an example of pecuniary damages?

A) pain and suffering
B) loss of enjoyment of life
C) loss of life expectancy
D) special damages

Question 31

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 32

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 33

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 34

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 35

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 36

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 37

Which of the following is a distinguishing characteristic of punitive damages?

A) They are intended to compensate victims.
B) They are awarded in cases where the defendant has already been criminally convicted.
C) They are awarded to punish the defendant for malicious,oppressive,or high-handed conduct.
D) They are intended to create a windfall for plaintiffs who have been victims of crimes.

Question 38

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

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

Question 39

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 40

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 41

The tort of battery involves the intentional infliction of harmful or offensive physical contact.

Question 42

The accused in a criminal action must prove his or her innocence beyond a reasonable doubt.

Question 43

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 44

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

Question 45

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

Question 46

The injured plaintiff in a car accident lawsuit was not wearing her seatbelt at the time of the accident,resulting in more severe injuries than if she had been wearing her seatbelt.What argument might the defendant make at her trial?

A) The plaintiff consented to the risk.
B) The plaintiff was contributorily negligent.
C) The plaintiff caused the accident.
D) The plaintiff is vicariously liable.

Question 47

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 48

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

Question 49

The primary goal of non-pecuniary damages is to compensate.

Question 50

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 51

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 52

Fraud or deceit is an example of a tort.

Question 53

An employer can never be held vicariously liable for an employee's intentional tort,such as a sexual assault.

Question 54

Intentional torts are harmful acts that are committed on purpose.

Question 55

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

Question 56

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

Question 57

The same event may give rise to legal consequences in criminal law and in tort law.

Question 58

The law of torts automatically provides a remedy when someone has been physically or economically injured.

Question 59

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 60

The definition of the term "assault" is the same in Tort Law and Criminal Law.

Question 61

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

Question 62

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 63

Describe conduct on the part of the plaintiff that might constitute "contributory negligence" in the case of a car accident.How will a finding of contributory negligence impact the plaintiff's case?

Question 64

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

Question 65

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?

Question 66

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 67

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 68

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 69

Draco is a bouncer employed by Diggers Nightclub.Contrary to the employer's instructions that rowdy patrons were to be removed with as little force as possible,Draco lost his composure and seriously injured a very intoxicated patron while removing him from the premises.Diggers is now being sued by the patron.Explain why Diggers might be found vicariously liable for Draco's conduct.

Question 70

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 71

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