Question 1

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

Accepted Answer

Jurisdictions have contributory negligen

Question 2

Compensation in tort law is not always in the form of damages.

Accepted Answer

A) True 
 B)False

Question 3

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 4

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

Accepted Answer

A) True 
 B)False

Question 5

Explain how the defence of qualified privilege may be used in a defamation action.

Accepted Answer

The defence of qualified privilege to a

Question 6

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 7

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

Accepted Answer

A) that the defendant did not mean to harm the plaintiff's reputation 
B) that what the defendant said was true 
C) that the plaintiff's reputation was not damaged 
D) qualified privilege 
E) absolute privilege 
A) that the defendant did not mean to harm the plaintiff's reputation 
B) that what the defendant said was true 
C) that the plaintiff's reputation was not damaged 
D) qualified privilege 
E) absolute privilege

Question 8

Which of the following statements is NOT true?

Accepted Answer

A) A manufacturer's duty towards consumers continues after it places a product on the market. 
B) A retailer may be liable to the consumer for a defective product. 
C) After a manufacturer places a product on the market,its duty towards consumers ends. 
D) A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary. 
E) A manufacturer who places a defective product on the market may be liable for negligence. 
A) A manufacturer's duty towards consumers continues after it places a product on the market. 
B) A retailer may be liable to the consumer for a defective product. 
C) After a manufacturer places a product on the market,its duty towards consumers ends. 
D) A manufacturer's duty to warn its customers may be discharged if the warning is issued to a learned intermediary. 
E) A manufacturer who places a defective product on the market may be liable for negligence.

Question 9

During parliamentary debate one day,James describes Peter as "a thief and a liar." Peter decides to sue for defamation.James has a defence of absolute privilege.

Accepted Answer

A) True 
 B)False

Question 10

An employer who has expressly prohibited certain actions can never be vicariously liable if an employee ignores this prohibition.

Accepted Answer

A) True 
 B)False

Question 11

Distinguish between general and punitive damages.

Accepted Answer

General damages are intended t

Question 12

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

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

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. 
E) succeed because the doctor owed a fiduciary duty to the plaintiff. 
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. 
E) succeed because the doctor owed a fiduciary duty to the plaintiff.

Question 15

During a parliamentary debate,Jack accuses Jim of lying to his constituents Jim decides to sue.Which of the following is TRUE?

Accepted Answer

A) Jack has a defence of absolute immunity. 
B) Jack has a defence of qualified privilege. 
C) Jack has a defence of absolute privilege. 
D) Jim may bring an action for negligent misstatement. 
E) Jack's conduct is called libel. 
A) Jack has a defence of absolute immunity. 
B) Jack has a defence of qualified privilege. 
C) Jack has a defence of absolute privilege. 
D) Jim may bring an action for negligent misstatement. 
E) Jack's conduct is called libel.

Question 16

Social policy influences judicial decision-making and legislative intervention in the area of tort law.Explain.

Accepted Answer

Society has certain standards by which i

Question 17

Both a crime and a tort are being committed when

Accepted Answer

A) a homeowner decides not to put salt on his walkway after an ice storm and a guest slips and falls the following morning. 
B) a bar patron becomes ill as a result of being over-served in a tavern. 
C) an NHL hockey player suffers a broken nose during a consensual on-ice fight. 
D) a last-minute holiday shopper strikes a fellow shopper with his fist resulting in a broken jaw. 
E) a bartender overserves a patron. 
A) a homeowner decides not to put salt on his walkway after an ice storm and a guest slips and falls the following morning. 
B) a bar patron becomes ill as a result of being over-served in a tavern. 
C) an NHL hockey player suffers a broken nose during a consensual on-ice fight. 
D) a last-minute holiday shopper strikes a fellow shopper with his fist resulting in a broken jaw. 
E) a bartender overserves a patron.

Question 18

The standard of care in the law of negligence is not a uniform standard.Explain.

Accepted Answer

The law places a duty on each person to

Question 19

In modern times,the basis for liability in tort is

Accepted Answer

A) whether the wrongdoer is able to compensate the victim. 
B) actionable recklessness. 
C) legal carelessness. 
D) criminal wrongdoing. 
E) fault. 
A) whether the wrongdoer is able to compensate the victim. 
B) actionable recklessness. 
C) legal carelessness. 
D) criminal wrongdoing. 
E) fault.

Question 20

Although the basis for liability in the context of tort law is "fault",compensation based solely on fault has disadvantages including

Accepted Answer

A) people will be less careful if they must pay for the consequences of their carelessness. 
B) accident victims who cannot establish fault on the part of some other person go uncompensated. 
C) there is no deterrent effect in a fault-based system. 
D) vicarious liability is based solely on fault. 
E) claims for punitive damages do not require any proof of fault. 
A) people will be less careful if they must pay for the consequences of their carelessness. 
B) accident victims who cannot establish fault on the part of some other person go uncompensated. 
C) there is no deterrent effect in a fault-based system. 
D) vicarious liability is based solely on fault. 
E) claims for punitive damages do not require any proof of fault.

Exam 4: The Law of Torts

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

Compensation in tort law is not always in the form of damages.

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.

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

Explain how the defence of qualified privilege may be used in a defamation action.

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

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

Which of the following statements is NOT true?

During parliamentary debate one day,James describes Peter as "a thief and a liar." Peter decides to sue for defamation.James has a defence of absolute privilege.

An employer who has expressly prohibited certain actions can never be vicariously liable if an employee ignores this prohibition.

Distinguish between general and punitive damages.

During a parliamentary debate,Jack accuses Jim of lying to his constituents Jim decides to sue.Which of the following is TRUE?

Social policy influences judicial decision-making and legislative intervention in the area of tort law.Explain.

Both a crime and a tort are being committed when

The standard of care in the law of negligence is not a uniform standard.Explain.

In modern times,the basis for liability in tort is

Although the basis for liability in the context of tort law is "fault",compensation based solely on fault has disadvantages including

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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