Question 1

Which of the following statements best explains the standard of care in the law of tort?

Accepted Answer

The standard of care in tort law varies depending on the circumstances, including the individuals involved and the nature of the activity being undertaken. It is not a one-size-fits-all standard but adjusts to reflect the reasonable expectations of behavior in specific contexts.

Question 2

Albert and Jane and her husband own homes beside each other.Jane has a swimming pool in her back yard.Between the houses,on Albert's property,there is a line of very old trees that have grown so tall that they are blocking the sunlight from the swimming pool area of Jane's property.Yesterday,Jane's husband,George,after hearing Jane complain about the blocked sunlight,without going onto Albert's property,cut 3 metres off the top of each of Albert's trees to let the sunlight into his and Jane's back yard.George's action in cutting down the trees constitutes

Accepted Answer

C

Question 3

Joe recently purchased a can of shaving cream from his pharmacy.After shaking the can as directed,Joe pushed the button on top.Suddenly and without warning,the can exploded causing serious injury to Joe.As a result of the explosion,the can of shaving cream was destroyed.In an action by Joe against the manufacturer,the following principle of law will apply

Accepted Answer

B

Question 4

Which of the following is NOT a defence to the tort of defamation?

Accepted Answer

Intent to harm is not a defense in defamation; defamation is a strict liability tort, meaning the focus is on the act itself rather than the intent.

Question 5

A doctor makes a serious error during the course of diagnosing a patient.The patient subsequently dies.The deceased patient's family members bring a lawsuit against the doctor.All the experts who testify agree that the doctor failed to meet the standard of care but that if appropriate care had been provided,the patient would have died in any event.The family members' case against the doctor will

Accepted Answer

In a medical malpractice lawsuit, the plaintiff must prove four essential elements: duty of care, breach of duty, causation, and damages. In this scenario, all the experts agree that the doctor failed to meet the standard of care, which establishes a breach of duty. However, since it is also determined that even if appropriate care had been provided, the patient would have died, the plaintiff cannot establish causation. Therefore, the family members' case against the doctor will fail because they cannot prove causation, which is an essential element of the tort of negligence.

Question 6

Stoney Canyon penitentiary is located near the town of Elmwood.One evening a guard employed at the jail failed to properly secure one of the gates near an exercise field.As a result,an inmate escaped and went on a crime spree.Having regard to issues of proximity,foreseeability,and policy reasons,which of the following claimants would be least likely to succeed in a court action against the guard and/or the jail?

Accepted Answer

The gas station owner's claim would be least likely to succeed as it took place two months after the escape and 250 kilometers away from the jail. The issues of proximity and foreseeability would be weaker in this case compared to the other claimants who experienced harm closer in time and location to the jail and the inmate's escape. Additionally, policy considerations such as deterrence of future similar incidents may not apply as strongly in this case.

Question 7

Which of the following best demonstrates the concept of vicarious liability?

Accepted Answer

Vicarious liability holds an employer responsible for the actions of their employees while they are performing work-related tasks. In this scenario, Jack is employed by Jim as a trainee mechanic, and Jim asks Jack to work on Maggie's car. When the engine explodes and injures Maggie, Jim, as Jack's employer, may be held vicariously liable for Jack's actions.

Question 8

Which of the following statements is NOT true?

Accepted Answer

This statement is not true because a manufacturer's duty towards consumers does not end after it places a product on the market. The duty continues throughout the product's lifespan and includes monitoring any potential safety issues and issuing recalls if necessary.

Question 9

James has been burgled several times.He is fed up and decides to do something about it.He places two traps at vantage locations in his home.One night he hears a scream and he runs down to find Bob,a local troublemaker,writhing in pain and holding his bleeding leg.Which of the following is NOT true?

Accepted Answer

James owes a duty of care even to trespassers to not intentionally harm them or set traps that could cause injury. Therefore, saying James owes no duty to Bob because Bob is a trespasser is not true.

Question 10

During the early stages of the development of tort law,liability was

Accepted Answer

During the early stages of the development of tort law, liability was strict, which meant that a defendant could be held liable for harm caused to another person even if the harm was unintentional and the defendant was not at fault. This strict liability standard was later softened in certain circumstances, such as when the harm was caused by an inherently dangerous activity. However, strict liability remains an important principle of tort law today.

Question 11

Ted is employed as a computer analyst at Macrotech.His written contract of employment requires him to give his employer 30 days' notice of his intention to terminate the agreement.Macrotech's main competitor,Data Inc.,attempts to hire Ted away.Data Inc.'s president convinces Ted to accept their employment offer and to leave Macrotech immediately,without providing any notice pursuant to the agreement.Data Inc.has committed the tort of

Accepted Answer

Data Inc. has induced Ted to breach his employment contract with Macrotech by leaving without giving the required notice. This constitutes the tort of inducing breach of contract.

Question 12

At what stage in a negligence action will the court apply the remoteness test?

Accepted Answer

The answer of At what stage in a negligence action...

Question 13

Strict liability

Accepted Answer

Strict liability means that the defendant is liable regardless of fault or intent. This removes the onus on the plaintiff to show that the defendant is at fault. Therefore, the correct answer is E - it removes the onus on the plaintiff to show that the defendant is at fault.

Question 14

Both a crime and a tort are being committed when

Accepted Answer

A crime and a tort are both committed when a last-minute holiday shopper intentionally strikes another shopper, causing injury. This act is both a criminal offense (assault) and a civil wrong (battery).

Question 15

In modern times,the basis for liability in tort is

Accepted Answer

The basis for liability in tort is fault, meaning that the wrongdoer must have acted in a way that breaches a duty of care owed to the victim. This can include negligence, intentional harm, or strict liability for certain activities. The ability of the wrongdoer to compensate the victim may be a factor in determining damages, but it is not the basis for liability itself. Actionable recklessness, legal carelessness, and criminal wrongdoing may be factors in certain tort claims, but they are not the overarching basis for liability in tort law.

Question 16

The role of tort law is to

Accepted Answer

Tort law provides a way for victims of harm caused by the actions of others to receive compensation for their losses. It is separate from criminal law and aims to compensate victims rather than punish wrongdoers. It also includes rules for determining liability and damages in cases such as motor vehicle accidents.

Question 17

A tort is

Accepted Answer

A tort is a wrongful act done to the person or property of another. It is a civil, rather than criminal, offense and can result in a lawsuit seeking damages or compensation for harm caused. Misrepresentation and breach of contract can also give rise to civil liability, but are not specifically considered "torts." The punishment for a tort is not a part of the legal definition of the term.

Question 18

Tort damages are often classified into

Accepted Answer

Tort damages are generally classified into two categories: general damages and special damages. General damages are non-monetary losses such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. Special damages, on the other hand, are monetary losses such as medical expenses, lost wages, and property damage.

Question 19

During the early development of the common law,whether an occupier or owner of premises owed a duty of care to persons who came on the premises and the standard of care owed depended on whether the persons were invitees,trespassers,or

Accepted Answer

During the early development of the common law, an occupier or owner of premises owed a duty of care to invitees (those who were invited onto the premises), licensees (those who had permission from the owner or occupier to be on the premises), and trespassers who were discovered or anticipated. Therefore, the best choice is C, licensees.

Question 20

Michael is employed by James' Groceries.Jim,the owner of Jim's Groceries approaches Michael and convinces Michael to leave James' Groceries and work for Jim's Groceries.James' Groceries may sue Jim's Groceries for

Accepted Answer

Jim's Groceries induced Michael to breach his employment contract with James' Groceries, which is referred to as inducing breach of contract. As a result, James' Groceries may sue Jim's Groceries for inducing Michael to leave his job before the expiry of his contract term.

Quiz 4: The Law of Torts