Question 1

Jose has sued Sharona in tort as a result of an injury that he suffered while visiting her property.Given the facts of the case, it is possible, at least in theory, for Jose to prove a number of different torts.Which of the following statements is TRUE?

Accepted Answer

Jose can sue for multiple torts simultaneously without being limited to choosing the one he believes will yield the best outcome.

Question 2

Christine entered into a contract with Vernon.She was required to pay $5000 and he was to provide advice regarding a business venture that she was pursuing.If Vernon had performed properly, Christine would have earned a profit of $20 000.As a result of Vernon's negligent performance, however, Christine suffered a loss of $10 000 (in addition to the $5000 that she had paid to Vernon).Christine wants to sue Vernon in both contract and tort.Which of the following statements is most likely TRUE?

Accepted Answer

Vernon owed a primary obligation to Christine in both tort and contract because he had a contractual duty to provide advice and a tortious duty to perform that duty with reasonable care.

Question 3

Which of the following statements is TRUE?

Accepted Answer

Nominal damages are generally only available for torts that are actionable per se, meaning that they do not require proof of actual harm or injury. For example, if someone slaps another person without causing any physical harm, the victim may be able to recover nominal damages as a symbolic recognition of the wrong that was done. However, in cases where actual harm has been suffered, compensatory damages would be more appropriate.

Question 4

Which of the following torts fall within the category of intentional torts?

Accepted Answer

False imprisonment, trespass to land, and interference with chattels are intentional torts that involve deliberate and intentional actions that interfere with the rights of others. Battery is also an intentional tort, but it is not listed as an option in this question. False imprisonment involves intentionally and unlawfully restricting a person's freedom of movement. Trespass to land involves intentionally entering or remaining on another person's property without permission. Interference with chattels involves intentionally interfering with another person's personal property or possessions.

Question 5

Which of the following statements is TRUE?

Accepted Answer

The answer of Which of the following statements is TRUE?
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Question 6

Which of the following statements is true regarding alternative compensation schemes?

Accepted Answer

Alternative compensation schemes are generally premised on the basis of compensation regardless of fault, meaning that the victim is eligible for compensation even if they were partially responsible for the accident. This is different from the tort system, which requires the victim to prove fault on the part of the defendant in order to receive compensation. None of the other statements are true regarding alternative compensation schemes.

Question 7

Elise owns and operates a convenience store.Because that store is located near a high school, it loses a great deal of profit to shoplifting.Last week, Elise caught Hakan in the act of stealing a magazine.She physically detained him and called the police.The police arrived and placed Hakan in handcuffs.At that point, Elise calmly and intentionally punched Hakan in the face and said, "I've been waiting a long time for the chance to do that." Elise has a liability insurance policy that she purchased from the Pacific All Risk Insurance Co.Which of the following statements is TRUE?

Accepted Answer

Elise committed the tort of battery by intentionally punching Hakan in the face. Her liability insurance policy may cover damages for other torts, but if she is found liable for battery, she will likely have to pay the damages herself. False imprisonment is not applicable because Hakan was caught in the act and detained until the police arrived, which is lawful. The police department would not be vicariously liable for Elise's battery as she acted independently, and the store could potentially be held liable, but Elise would also still be personally liable.

Question 8

Beverley, who is a Canadian judge, has just heard the parties' arguments in a tort case.Given the complexity of the situation, she feels the need to research the relevant law before she gives her decision.Which of the following statements is TRUE?

Accepted Answer

D is correct because in both strict liability torts and other torts, the key factor is whether the defendant breached a legal obligation. Strict liability torts do not require proof of intent or negligence, but there still must be a breach of a legal duty.

Question 9

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

The doctrine of mitigation requires that a party who has suffered a loss due to another's wrongful act must take reasonable steps to minimize the damages. Julie failed to mitigate her damages by not repairing the window promptly, leading to further damage. Therefore, Gawain would likely be liable for the initial $1000 to repair the window, but not the additional costs caused by Julie's inaction.

Question 10

Terry committed a tort against Julia by using her computer, without her permission, while she was away on vacation.Which of the following statements is TRUE?

Accepted Answer

Terry may be held liable in tort even if he has already been convicted of a crime as a result of his use of Julia's computer. Criminal and tort law are separate areas of law, and a conviction in a criminal case does not automatically absolve someone of liability in a civil tort case. Therefore, even if Terry has already been convicted of a crime related to his use of Julia's computer, he may still be liable in tort for any harm he caused. Options A, C, D, and E are incorrect because they are either partially or entirely false statements.

Question 11

During an argument in a nightclub, Marie deliberately slapped Caesar's face.She had done so many times before, with few consequences.On this occasion, however, the slap caused Caesar to suffer a blood clot that led to a serious injury.The medical evidence indicates that Caesar had always suffered from a rare condition that made him unusually vulnerable to such complications.Neither Caesar nor Marie had any way of knowing about that pre-existing condition.Which of the following statements is TRUE?

Accepted Answer

The doctrine of remoteness is based on the principle that a party should only be liable for the reasonably foreseeable consequences of their actions. However, when it comes to intentional torts like Marie's deliberate slap, the court may not apply the doctrine of remoteness and hold the defendant liable for all the consequences of their actions, regardless of foreseeability. Therefore, option C is true as Marie cannot avoid liability on the basis of the general doctrine of remoteness.

Question 12

Which of the following statements is TRUE?

Accepted Answer

Punitive damages may be awarded in civil cases even if the defendant is not guilty of a crime. They are intended to punish the defendant for their reckless or intentional behavior and to deter them from engaging in similar conduct in the future.

Question 13

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

Accepted Answer

The concept of privity, which refers to the relationship between parties in a contract, is fundamental in contract law but does not exist in tort law. In tort law, a claim can be brought by someone who was not a party to any contract (if applicable), as torts focus on duties owed to persons generally, rather than duties arising out of agreements.

Question 14

Which of the following statements is TRUE with respect to the doctrine of vicarious liability?

Accepted Answer

Vicarious liability can create a situation where employees may not be as careful in their job performance as they know that the employer will ultimately be held responsible for their actions. However, it does provide employers with an incentive to carefully select, train, and supervise their employees to prevent torts from happening in the first place.

Question 15

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

Punitive damages are awarded to punish a defendant for their egregious conduct, regardless of whether they were convicted of a crime or not. Ivan's violent attack on Brian could potentially qualify as such conduct, making him liable for punitive damages. Choices A, B, C, and D do not accurately reflect the situation at hand.

Question 16

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

Both the Kingston Maroons Corp and Gilbert Douglas committed the tort of negligence, and therefore they are both liable to pay compensatory damages to Cherie. The fact that Douglas may be classified as an employee or independent contractor does not change the fact that he was partly responsible for the accident. Similarly, the workers' compensation scheme only applies to cases where the injury arose out of and in the course of employment, which does not seem to be the case here. Vicarious liability may apply if the Maroons are found to have been negligent in their supervision or control of Douglas, but that does not absolve him of personal liability. Therefore, the most plausible option is C.

Question 17

You have been hired by a law reform commission to examine ways in which tort law can be used to affect behaviour.As part of that project, you have been asked to consider the level of mental culpability that the plaintiff is required to prove before the defendant can be held liable by a court.Which of the following statements is TRUE with respect to tort law as it currently exists in Canada?

Accepted Answer

Strict liability allows for individuals engaging in exceptionally hazardous activities to be held liable for any injury or damage caused, regardless of whether reasonable care was taken to prevent it. This serves as a deterrent for reckless or dangerous behavior, and is an established principle in Canadian tort law. None of the other options are accurate statements about the current state of tort law in Canada.

Question 18

Werner owns a number of animals that live in and around his home.Because Werner's house is located in a secluded area, he has little interaction with people outside of his immediate family.He consequently has never received any complaints about his animals until recently.That complaint has come in the form of a tort action by Madonna, who claims that she was wrongfully hurt by one of Werner's animals.The evidence establishes that she was bitten by the animal as she knocked on Werner's door with the intention of asking him to donate to a charity.Which of the following statements is TRUE?

Accepted Answer

Under the doctrine of strict liability in tort law, an owner of an animal may be held liable for any harm caused by the animal regardless of whether they acted intentionally or negligently. If a person is injured by an animal owned by another person, they may be able to recover damages even if the owner did not act intentionally or carelessly in causing the injury. In this case, Madonna may have a good claim against Werner because she was bitten by his animal while on his property.

Question 19

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

Accepted Answer

Workers' compensation schemes provide an alternative compensation scheme to injured workers, but they typically prevent the employee from suing the employer for tort damages. Instead, the employee is compensated through the workers' compensation program, which is usually funded by the employer. The other statements are false or inaccurate.

Question 20

Makayla successfully sued Deacon for the tort of defamation.In that situation, the term "tortfeasor" refers to

Accepted Answer

A tortfeasor is the person who committed the tort, which in this case is Deacon, who is responsible for the defamation against Makayla.

Quiz 3: Introduction to Torts

Jose has sued Sharona in tort as a result of an injury that he suffered while visiting her property.Given the facts of the case, it is possible, at least in theory, for Jose to prove a number of different torts.Which of the following statements is TRUE?

Which of the following statements is TRUE?

Which of the following torts fall within the category of intentional torts?

Which of the following statements is TRUE?

Which of the following statements is true regarding alternative compensation schemes?

Beverley, who is a Canadian judge, has just heard the parties' arguments in a tort case.Given the complexity of the situation, she feels the need to research the relevant law before she gives her decision.Which of the following statements is TRUE?

Terry committed a tort against Julia by using her computer, without her permission, while she was away on vacation.Which of the following statements is TRUE?

Which of the following statements is TRUE?

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

Which of the following statements is TRUE with respect to the doctrine of vicarious liability?

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

Makayla successfully sued Deacon for the tort of defamation.In that situation, the term "tortfeasor" refers to