Exam 4: The Law of Torts

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

Explain the concept of absolute privilege and its application.

Distinguish between general and special damages.

In some circumstances,there is immunity from defamation lawsuits.Words spoken in parliamentary debate,in proceedings in law courts and inquests,and before royal commissions,are subject to absolute privilege.

Restitution is a remedy available to a plaintiff who seeks an order restraining a person from doing,or continuing to do,a particular act.

Which of the following statements is NOT true?

An occupier has no liability whatsoever to a trespasser.

Use the fact situation in Q3 to answer the related question that follows. The failure of the university to repair the hole in the pavement constitutes

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

Phil was riding his motorcycle home from work when he was involved in a motor vehicle accident.As he lay on the road injured,he was attended to by two different motorists who stopped after seeing the accident.Additionally,an overhead helicopter from the local TV news station was broadcasting live on air.Suddenly,a second vehicle careened out of control and ran over Phil killing him instantly.Given concerns about proximity,foreseeability,and policy reasons,of all the people who suffered nervous shock,who would be most likely to recover compensation in a court action against the reckless driver of the second vehicle that caused Phil's death?

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:

Both a crime and a tort are being committed when

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?

Use this fact situation to answer the related questions that follow. Mary is employed in administration at York University,where she is paid $3500.00 a month.The administrative staff have gone on strike and,to that end,have set up a picket line to prevent employees from going into the university's administration building.Mary wants no part of the strike,so she decides that she will cross the picket line.As she does this,an employee named Ralph says,"Unless you want a black eye,lady,you better not cross the picket line." John,another employee,pushes Mary back.Unknown to Mary,there is a hole in the pavement that the university has been aware of for quite some time,but has done nothing about,and as Mary falls back,her shoe catches in the hole and she falls down,breaking her leg and spraining her right arm. Ralph's statement to Mary is

The duty of a manufacturer to warn may be discharged by issuing a warning to learned intermediaries.Explain.

Where there is negligence,the injured party may be required to mitigate his or her damages.Explain.

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

Tort damages are often classified into

Explain the development of fault as an appropriate basis for liability in tort.

Explain how a warning issued by a manufacturer to a "learned intermediary" discharges the duty of the manufacturer to warn consumers of defects in a product.