Question 1

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

Accepted Answer

A) she saw a long black hair in the bottle and decided not to drink it. 
B) she saw a long black hair in the bottle and dropped it on the ground before she opened it. 
C) she saw a long black hair in the bottle after taking "a sip." 
D) she gave the bottle to a friend and saw a long black hair in the bottom after her friend drank it. 
A) she saw a long black hair in the bottle and decided not to drink it. 
B) she saw a long black hair in the bottle and dropped it on the ground before she opened it. 
C) she saw a long black hair in the bottle after taking "a sip." 
D) she gave the bottle to a friend and saw a long black hair in the bottom after her friend drank it.

Question 2

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

A) succeed because all the experts agree the doctor provided substandard care. 
B) fail because the doctor likely provided the patient with informed consent. 
C) succeed because the law imposes strict liability upon doctors in similar circumstances. 
D) fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence. 
A) succeed because all the experts agree the doctor provided substandard care. 
B) fail because the doctor likely provided the patient with informed consent. 
C) succeed because the law imposes strict liability upon doctors in similar circumstances. 
D) fail because the plaintiff cannot prove causation which is an essential element of the tort of negligence.

Question 3

How can the plaintiff's own conduct affect the outcome of a claim for negligence?

Accepted Answer

Jurisdictions have contributory negligen

Question 4

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

Accepted Answer

A) True 
 B)False

Question 5

In law,the concept of negligence continues to evolve,so that what was not negligence in the past may well become negligence in the future.Explain.

Accepted Answer

Being founded on a duty or standard of c

Question 6

What is the difference between intentional torts and negligence?

Accepted Answer

Intentional torts involve behaviour done

Question 7

What is meant by owing a "duty of care" in the tort of negligence?

Accepted Answer

A duty of care is said to be owed by one

Question 8

What is contributory negligence?

Accepted Answer

Contributory negligence is the

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

A) Bob is not an invitee. 
B) James owes a duty to Bob. 
C) James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises. 
D) Bob can sue James for deliberately setting the trap to harm him. 
E) Bob is a trespasser. 
A) Bob is not an invitee. 
B) James owes a duty to Bob. 
C) James owes no duty to Bob because Bob is a trespasser and was unlawfully on the premises. 
D) Bob can sue James for deliberately setting the trap to harm him. 
E) Bob is a trespasser.

Question 10

After a manufacturer places a product on the market,it has a continuing obligation to warn consumers of potential dangers.

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) the duty of care stage 
B) the breach of duty stage 
C) the causation stage 
D) the injury/damages stage 
E) the standard of care stage 
A) the duty of care stage 
B) the breach of duty stage 
C) the causation stage 
D) the injury/damages stage 
E) the standard of care stage

Question 12

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

Accepted Answer

A) dependent on a finding of guilt. 
B) punishable by incarceration. 
C) dependent on whether the wrongdoing was justifiable. 
D) strict. 
E) based on a finding of criminal liability. 
A) dependent on a finding of guilt. 
B) punishable by incarceration. 
C) dependent on whether the wrongdoing was justifiable. 
D) strict. 
E) based on a finding of criminal liability.

Question 13

Jack owns a pub.One evening,Jim,a friend,comes into the pub and orders a drink.Over a period of approximately two hours,Jim orders and drinks a variety of alcoholic beverages.Shortly before the pub closes,Jim pays for his drinks and leaves the pub.Jim gets into his car and drives away.On his way home,Jim is involved in a motor vehicle accident.Explain the nature of the tort that Jack would be found to have committed.Are there any defences available to Jack? Explain what these defences are.

Accepted Answer

Jack would most likely be found to have

Question 14

Under strict liability,a wrongdoer is punished strictly if the wrongdoer was at fault.

Accepted Answer

A) True 
 B)False

Question 15

The roots of a tree that is growing on one property and that continue to grow onto another property may constitute a nuisance.

Accepted Answer

A) True 
 B)False

Question 16

Prior to the legislative changes in Canada with respect to contributory negligence,if a plaintiff contributed in any way to her or his own loss the action would fail.Statutes now require courts to

Accepted Answer

A) determine if the plaintiff's degree of fault exceeds the defendant's degree of fault as a pre-condition to dismissing the action. 
B) apportion damages according to the respective degree of responsibility of the parties. 
C) find against the most liable defendant. 
D) follow strictly the responsibility chart set out in the statute. 
A) determine if the plaintiff's degree of fault exceeds the defendant's degree of fault as a pre-condition to dismissing the action. 
B) apportion damages according to the respective degree of responsibility of the parties. 
C) find against the most liable defendant. 
D) follow strictly the responsibility chart set out in the statute.

Question 17

For the most part,Canadian courts apply modified principles of negligence to determine liability.Some critics of fault-based systems propose that victims be compensated through "no-fault" government schemes-similar to those already in place relating to motor vehicle accidents and workers compensation.Others argue that the law should impose "strict liability" in all areas in which plaintiffs have traditionally struggled to establish fault,namely,against manufacturers of goods or products.Explain the three bases for awarding compensation to injured parties and the advantages and disadvantages of each.

Accepted Answer

The traditional fault-based system provi

Question 18

An innocent employer is vicariously liable for the negligent acts of an employee.

Accepted Answer

A) True 
 B)False

Question 19

What do we mean when we say that damage is remote?

Accepted Answer

Damage or injury suffered by a

Question 20

The concept of foreseeability in tort law is considered by a court in determining the existence of a duty of care and as a threshold for the recovery of any damage suffered by an injured plaintiff.Explain the significance of "reasonably foreseeable" as it relates to both duty and damages,as well as the policy reasons why courts sometimes fail to recognize a duty,or fail to recognize that the plaintiff has met the threshold for recovery of damages.

Accepted Answer

As far as duty of care goes,the courts w

Exam 4: The Law of Torts

The purchaser of a bottled beverage is more likely to be successful in a suit for damages against the manufacturer as a result of becoming ill if

How can the plaintiff's own conduct affect the outcome of a claim for negligence?

Most Canadian jurisdictions have now abolished the distinction between invitees and licensees.

In law,the concept of negligence continues to evolve,so that what was not negligence in the past may well become negligence in the future.Explain.

What is the difference between intentional torts and negligence?

What is meant by owing a "duty of care" in the tort of negligence?

What is contributory negligence?

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?

After a manufacturer places a product on the market,it has a continuing obligation to warn consumers of potential dangers.

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

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

Under strict liability,a wrongdoer is punished strictly if the wrongdoer was at fault.

The roots of a tree that is growing on one property and that continue to grow onto another property may constitute a nuisance.

Prior to the legislative changes in Canada with respect to contributory negligence,if a plaintiff contributed in any way to her or his own loss the action would fail.Statutes now require courts to

An innocent employer is vicariously liable for the negligent acts of an employee.

What do we mean when we say that damage is remote?

Law, society, and Business

The Machinery of Justice

Government Regulation of Business

Professional Liability: the Legal Challenges

Formation of a Contract: Offer and Acceptance

Formation of a Contract: Consideration and Intention

Formation of a Contract: Capacity to Contract and Legality of Object

Grounds Upon Which a Contract May Be Set Aside: Mistake and Misrepresentation

Writing and Interpretation

Privity of Contract and the Assignment of Contractual Rights

The Discharge of Contracts

Breach of Contract and Its Remedies

Sale of Goods and Consumer Contracts

Bailment and Leasing

Insurance and Guarantee

Agency and Franchising

The Contract of Employment

Negotiable Instruments

Intellectual Property

Interests in Land and Their Transfer

Landlord and Tenant

Mortgages of Land and Real Estate Transactions

Sole Proprietorships and Partnerships

The Nature of a Corporation and Its Formation

Corporate Governance: the Internal Affairs of Corporations

Corporate Governance: External Responsibilities

Secured Transactions

Creditors Rights

International Business Transactions

Electronic Commerce

Privacy

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