Deck 11: The Tort of Negligence

Question 1

Based on the judicial concept of competing interests, what is it that a judge attempts to negate when facing the task of compensating victims of negligence?

A) the excessive litigation costs imposed on a victim seeking compensation
B) the lack of certain specificity in the steps imposed when litigating a tort action
C) the imbalance of power between a victim and a large corporate defendant
D) enforcing unreasonably exacting legal standards on commercial activities

Answer 1

D

Question 2

The duty to love your neighbour imposed by society is synonymous with what duty imposed by law?

A) the duty to be watchful of your neighbour's property
B) the duty to know who your neighbour is
C) the duty to participate in a neighbourhood watch program
D) the duty to not injure your neighbour

Answer 2

D

Question 3

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

Answer 3

B

Question 4

Answering which of the following in the affirmative would strongly support a court's ability to order redress for negligence causing a victim's loss?

A) Was there carelessness on the part of the defendant?
B) Does the defendant have sufficient funds to pay for the loss?
C) Was the harm independently done?
D) Was the offending act unintentional?

Question 5

The law of negligence requires a court to consider the foreseeability test. In so doing, which of the following would allow the court to hold a defendant liable for negligence?

A) an unlimited or indeterminate class of victims entitled to compensation
B) an objective anticipation of an act or omission causing harm to the plaintiff
C) breach of the obligation to be mindful of the plaintiff's legitimate interests
D) a plaintiff's ensuing loss of profit arising from a misstatement

Question 6

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 7

Which of the following is synonymous in law with the standard used to judge whether a person's conduct in a certain instance is negligent?

A) an ordinary standard of care
B) the prima facie test
C) the reasonable person test
D) a professional's standard of care

Question 8

In what legal context are concerns regarding the recovery of economic loss arising from a wrongful act prevalent?

A) negligent misstatement
B) prima facie negligence
C) professional incompetence
D) negligent incompetence

Question 9

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 10

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 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 does the Canadian judiciary's discretionary competing interests policy suggest as the most likely cause of discouraging illegitimate commercial activity?

A) imposing a reasonably exacting standard of care
B) negating a consumer's competing interests
C) fully compensating victims of negligence
D) applying a broad basis for determining liability

Question 13

Why would a court consider a lawyer who provided improper advice to a client, who in turn suffered a loss, liable in negligence to the client?

A) The lawyer owed a duty of care to the client.
B) The lawyer is partially responsible for reliance on his or her advice.
C) The lawyer made the client pay for the wrong advice.
D) The business of law is held to an unreasonably exacting standard.

Question 14

Which of the following established the neighbour principle?

A) Donoghue v. Stevenson [1932] A.C. 562 (H.L.)
B) Hercules Managements Ltd. v. Ernst & Young [1997] 2 S.C.R. 165
C) Kauffman v. Toronto Transit Commission [1960] S.C.R. 251
D) Donoghue v. Simpson [1932] A.C. 562 (H.L.)

Question 15

A patient has suffered physical, psychological, and financial loss as a result of a doctor's omission. How will the court apply the reasonable person standard in this case?

A) The standard will be inadequate, and a higher or specialized standard will be imposed.
B) The standard will be reduced if the doctor had insurance for the loss.
C) The court will apply the standard of an ordinary reasonable person.
D) The standard will vary depending on the doctor's number of years of work experience.

Question 16

Based on how the law understands carelessness, which of the following would immediately indicate the presence of compensable negligence?

A) balancing competing interests
B) intending to cause damage
C) omitting reasonable care
D) acting deliberately

Question 17

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 18

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?

Question 19

What distinguishes how the House of Lords would address a case involving negligence from how a Canadian court would address the same case?

A) the question of whether the case is novel posed by the Canadian courts
B) the imposition of a judicial policy based on competing interests
C) the question of whether the case is novel posed by the House of Lords
D) the imposition of reasonably exacting legal standards for business

Question 20

A lawsuit involving a peanut butter manufacturer, which knowingly sold products it knew to be contaminated with poisonous bacteria from rat feces, is at trial. The court is satisfied, based on the evidence, of the manufacturer's pre-existing knowledge of the contamination. What will the judge likely find?

A) there is an element of an unreasonably exacting business standard
B) there is an element of contributory negligence
C) there is complete liability for failing to act reasonably
D) there is joint liability, as per the competing interests policy

Question 21

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 22

Which of the following would immediately alert a lawyer to a prospective client's reduced chance of receiving a judgment award for her damages?

A) pure economic loss
B) third-party reliance
C) breach of contract
D) contributory negligence

Question 23

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 24

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

A) non-professional
B) thin skull principle
C) standard of care
D) duty of care

Question 25

Which of the following 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 26

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 27

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 28

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 29

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 30

The absence of a sufficiently close relationship between Roger's action and Jamel's injury is based on which of the following?

A) prima facie evidence
B) the thin skull rule
C) remoteness of damage
D) reasonable person test

Question 31

What is the commonality that exists in law between the tort of negligent misstatement and negligent misrepresentation?

A) Both strongly support a claim arising from third-party reliance.
B) Both must arise from communication with a professional.
C) Both may be perfectly justifiable.
D) Both arise from communication.

Question 32

Which of the following would be owed a duty of care by a manufacturer of dairy products?

A) government, taxpayers, consumers
B) competitors, retailers, consumers
C) distributors, retailers, consumers
D) industry competitors, consumers

Question 33

When a court asks, "How far will the legal liability of the defendant stretch?" what point has the court reached with regard to the negligence test?

A) Step 1
B) Step 2
C) Step 3
D) Step 4

Question 34

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 35

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 36

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 37

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 38

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 ice-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 39

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 40

Which of the following would immediately allow a court to justify NOT awarding a plaintiff damages for pure economic loss?

A) the reasonable person test
B) an absence of contractual relationship
C) the foreseeability test
D) a breach in a contractual relationship

Question 41

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 42

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 43

Which of the following is a key element in managing the risk related to tort liability?

A) trained employees
B) insurance
C) professional advice
D) standard of care

Question 44

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

Question 45

In tort law, a relationship of deficient proximity creates a neighbour.

Question 46

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

Question 47

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

Question 48

If Templars LLP has committed a tort of negligence, Mary must establish that she is owed a duty of care.

Question 49

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 50

Professional negligence is sheltered by the courts on the premise that a client's pure economic loss should be uncompensated because pure monetary loss is a harmless experience to the ordinary person.

Question 51

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

Question 52

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 53

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 54

One of the most important areas in Canadian tort law that involves the application of strict liability is vicarious liability.

Question 55

Insurance is a residual element in any tort liability risk management plan.

Question 56

A lawyer who has done a proper job preparing a plaintiff's case will have likely made it difficult to defend.

Question 57

Disappointed purchasers of a manufacturer's poorly produced or designed product have no recourse in tort law for negligence.

Question 58

A plaintiff's damage award for tort of negligence will be reduced in proportion to his own culpability in causing the loss.

Question 59

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

Question 60

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

Question 61

Negligence is said to be a very common tort action in the commercial world. Provide three examples of a negligence action that could give rise to a claim for injury or loss.

Question 62

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

Question 63

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 64

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

Question 65

Identify the tests applied in the two-step process used to assess whether a duty of care is owed by one person to another that has been established by the Supreme Court of Canada in the case of Hercules Managements Ltd. v. Ernst & Young.

Question 66

What explanations have been suggested for the fact that, generally, damages are not available to compensate for pure economic loss sustained as a result of negligence?

Question 67

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 68

Explain the difference between the standard of care that is applied to average members of society and the one that is applied to persons who have specialized training.

Question 69

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

Question 70

Identify and briefly describe what a defendant must show in order to successfully rely on the defence of volenti non fit injuria. Include a brief explanation of the major significance of this defence to commercial liability insurers.

Question 71

Identify the four steps to an action for the tort of negligence and explain the significance of establishing an affirmative response at each step in the process. What specific considerations will apply if the case at bar presents a novel situation?

Question 72

What is the question posed in Step 3 of the negligent action process? Identify and briefly describe how that question is sometimes dealt with by the legal community. Include a brief indication of how and what the courts have adapted to more easily discern the needed information at this stage of the process.

Question 73

Identify and briefly describe the rule that follows the legal principle that only the type of injury must be foreseeable.