Question 1

Paine Enterprises sued Montesquieu Corp in tort. The court held that there had been a failure to mitigate damages. That means that

Accepted Answer

A)   the loss that Paine suffered was not a reasonably foreseeable loss of Montesquieu's tort.
B)   Paine may still be entitled to damages for losses that could not have been mitigated.
C)   Paine committed a tort that wiped out the effect of Montesquieu's tort.
D)   the tort that Montesquieu committed was not an intentional tort.
E)   Paine started its lawsuit against Montesquieu too late.

Question 2

The Ozark Carnival Corp (OCC) owns a traveling fairground that it operates in shopping mall parking lots. It hired Cletus to run "The Splasher," which is one of its amusement rides. It provided Cletus with the most extensive training possible. Nevertheless, while operating The Splasher, Cletus carelessly failed to fasten the safety harness on Celia, a five- year- old passenger. Celia was thrown from the ride and suffered serious injuries. Cletus has admitted liability in negligence. Unfortunately, he has no money with which to pay Celia's damages. The court also held OCC vicariously liable for Celia's injuries. Identify and briefly explain three possible justifications for the doctrine of vicarious liability.

Accepted Answer

The text provided three possible justifi...

Question 3

Brian takes great pride in being obnoxious. One of his favourite ploys is to talk loudly on his cell phone 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

A)   because Ivan, by removing Brian from the premises, was performing the type of act that is normally performed by an employee, the theatre may be vicariously liable for any torts that Ivan may have committed
B)   Ivan may be liable for punitive damages even if he is not convicted of any crime.
C)   Given the violent nature of Ivan's attack on Brian, a court almost certainly would apply a strict liability tort.
D)   As long as Ivan and Brian both contribute to a workers' compensation scheme, Brian will be entitled to compensation from that scheme.
E)   If Ivan's actions constitute a crime, then he will be held liable to Brian for compensatory damages only if there is proof beyond a reasonable doubt that Ivan also committed a tort.

Question 4

The deterrent function of tort law is based on the belief that the high costs associated with litigation will discourage plaintiffs from starting law suits that have little chance of success.

Accepted Answer

A) True 
 B)False

Question 5

As a result of dumping toxic materials into the water supply, Acme Corp has been held liable under the tort of nuisance to several of its neighbours. While the company's directors are concerned about the bad publicity, they do take comfort in the fact that Acme holds a liability insurance policy that applies in this situation. Which of the following statements is TRUE?

Accepted Answer

A)   The doctrine of the duty to defend requires Acme to defend itself against its neighbour's claims in order to protect the insurance company from having to pay any money.
B)   A duty to defend exists under the insurance policy only if the directors are not liable for the nuisance.
C)   The insurance policy would have required the insurance company to pay for the costs associated with the lawsuits that were brought against the company.
D)   Because of the insurance policy, the deterrent effect of the court's judgment will be lessened.
E)   Because of the insurance policy, Acme's neighbours are entitled to be paid twice, once by Acme and again by the insurance company.

Question 6

The provincial government has become very concerned about the number of torts that occur each year that result in personal injuries. Aside from the human misery that they cause, those accidents cost society a great deal of money. A tort victim cannot be a productive member of the work force while they are recuperating at home or in hospital. The provincial government consequently has asked you to prepare a report on how the rules in tort law might be reformed to more effectively deter tortious behaviour. Your report should include a discussion of (a) the availability of liability insurance, and (b) the rules of vicarious liability. You have also been asked to consider whether it is always desirable to deter activities that may result in tortious losses.

Accepted Answer

Deterrence is said to be one of the prim...

Question 7

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

A)   If Jose sues for a negligence tort, he must prove that Sharona deliberately neglected to protect him from harm.
B)   If Jose sues for an intentional tort, he must prove that Sharona intended to hurt him.
C)   because the traditional category of torts was developed in both the courts of law and the courts of chancery, that category is generally said to include both legal and equitable wrongs
D)   Jose is entitled to sue for a number of different torts at the same time and he is not required to sue for one particular that he believes will lead to the best result.
E)   While the common law traditionally recognized a few strict liability torts, those torts frequently created unfair results, and consequently they have now been abolished in Canada.

Question 8

Faye is a wildlife expert who works for a major zoo. Because her love of animals does not end when she leaves work each night, she has a number of exotic pets in her home, including a small capuchin monkey that she calls Kong. Unfortunately, although Kong had no history of violent behaviour, he viciously attacked a door- to- door canvasser named Ray who rang Faye's doorbell one evening. Which of the following statements is TRUE?

Accepted Answer

A)   Faye cannot be held liable unless the court is satisfied that she either carelessly controlled Kong or intentionally caused Kong to attack Ray.
B)   Under the traditional common law rules, Faye cannot be held liable because Kong had not previously bitten anyone.
C)   Even if she would otherwise be held strictly liable for Ray's injuries, Faye may escape liability by proving that before ringing her doorbell, Ray had seen a sign that clearly warned of the danger of wild animals and directed strangers not to approach the house.
D)   Liability for wild animals is a type of intentional tort.
E)   because the common law imposes absolute liability on anyone who has control of a wild animal, Faye will be held liable for Ray's injuries and there no defences that are available to her

Question 9

Bentham Inc sued Locke Ltd in tort. The judge denied liability on the grounds of remoteness. That means that

Accepted Answer

A)   Bentham waited too long before starting its lawsuit against Locke.
B)   the tort that Locke committed was not an intentional tort.
C)   Locke's tort did not in fact cause Bentham's loss.
D)   the tort occurred outside of Canada.
E)   the tort must have been committed by a person who worked for Locke as an independent contractor.

Question 10

Sidhu was injured when Melissa, a construction worker, carelessly dropped a hammer out of a window. Sidhu has successfully sued both Melissa, on the basis of her personal liability, and Melissa's employer, on the basis of the employer's vicarious liability. Sidhu must now choose between recovering all of his damages from Melissa or all of his damages from her employer.

Accepted Answer

A) True 
 B)False

Question 11

Suneeta successfully sued Olaf in tort. In this situation, it is accurate to say that while Olaf's primary obligation was imposed by law, his secondary obligation was voluntarily created.

Accepted Answer

A) True 
 B)False

Question 12

Which of the following statements is TRUE?

Accepted Answer

A)   A person may be subject to an obligation in tort law even if they did not agree to that situation.
B)   The concept of privity is part of every tort.
C)   The victim of a tort is called a tortfeasor.
D)   Liability in tort law always requires proof of deliberate or careless wrongdoing.
E)   In exceptional circumstances, a person may be imprisoned for committing a tort.

Question 13

Felipe bought a liability insurance policy. That policy included a clause that excluded coverage for injuries inflicted through "intentional or criminal acts." Felipe deliberately broke a bottle over a store clerk's head during a robbery. Because of the compensatory function of tort law, a court will require the insurance company to pay damages to the victim of the wrong, but it will also give the insurance company the right to sue Felipe for that same amount.

Accepted Answer

A) True 
 B)False

Question 14

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

A)   An intentional torts occurs only if the defendant intended to cause the plaintiff to suffer a loss.
B)   Strict liability allows people to engage in unusually hazardous activities, but also requires them to pay for any damage that occurs, even if they took every reasonable precaution.
C)   Because of the need to discourage tortious behaviour, negligence forms the smallest category of tort.
D)   The concept of strict liability always applies if a person intentionally causes another person to suffer an injury.
E)   An intentional torts occurs only if the defendant intended to breach an obligation.

Question 15

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd. Which of the following statements may be TRUE?

Accepted Answer

A)   The insurance policy may protect World Wide from liability in tort.
B)   A liability insurance policy is important only if and when a person is held liable by a court.
C)   Despite issuing the liability insurance policy, WorldWide may not be required to pay damages on behalf of Omega if Omega acted in a way that was not only tortious, but also deliberate and intentional.
D)   The insurance policy will protect Omega only if Omega has a contract with at least one other party.
E)   Omega probably purchased liability insurance because it was worried that it might not be able to collect full damages if it was hurt by a tortfeasor.

Question 16

Lupine Inc successfully sued Wolf Finance Ltd in both tort and contract. In this situation, it is accurate to say that Wolf Finance owed obligations to Lupine, one that arose by operation of law and the other that arose through voluntary agreement.

Accepted Answer

A) True 
 B)False

Question 17

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 had 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

A)   Under the traditional common law rules, Werner may be relieved of liability if the animal that bit Madonna was a pet dog who had never before bitten anyone.
B)   Under the traditional common law rules, the owner of an animal may be held liable for any damage caused by the animal only if that owner intentionally or carelessly created the situation that resulted in the damage.
C)   There are no defences to a strict liability tort.
D)   Under the traditional common law rules, if the animal that bit Madonna was a wild wolverine, Werner could be held liable only if he knew that the animal was dangerous.
E)   Strict liability is a type of vicarious liability.

Question 18

Miles was sued in tort. He previously purchased a liability insurance policy from Western Mutual Insurance Co. Even if the law suit against him ultimately fails, that insurance policy may be beneficial to Miles because it will require the insurance company to pay for the costs associated with the trial.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A)   Both a tort and a contract always involve the breach of a civil obligation that gives rise to an award of damages.
B)   If the same events involve both a tort and a breach of contract, the plaintiff generally is entitled to collect damages for both.
C)   Although the same set of facts may support both a claim for tort and a claim for breach of contract, the plaintiff cannot sue for both at the same time.
D)   Damages look backward in contract, but forward in tort.
E)   From a risk management perspective, tort obligations are often more dangerous than contractual obligations because tort obligations generally are not voluntarily created.

Question 20

Which of the following statements is TRUE?

Accepted Answer

A)   Nominal damages are generally only available for the tort of negligence.
B)   Nominal damages are always awarded in addition to compensatory damages.
C)   The phrase "nominal damages" refers to any type of damages that have a name.
D)   Nominal damages are generally only available for torts that are actionable per se.
E)   Nominal damages are intended to punish the tortfeasor.

Exam 3: Introduction to Torts

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Deterrence is said to be one of the prim...
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Which of the following statements is TRUE?

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Bentham Inc sued Locke Ltd in tort. The judge denied liability on the grounds of remoteness. That means that

Correct Answer
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Which of the following statements is TRUE with respect to the comparison between a tort and a contract?

Correct Answer
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Correct Answer
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Correct Answer
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The text provided three possible justifi...
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Correct Answer
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Lupine Inc successfully sued Wolf Finance Ltd in both tort and contract. In this situation, it is accurate to say that Wolf Finance owed obligations to Lupine, one that arose by operation of law and the other that arose through voluntary agreement.

Correct Answer
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Correct Answer
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Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd. Which of the following statements may be TRUE?

Correct Answer
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The deterrent function of tort law is based on the belief that the high costs associated with litigation will discourage plaintiffs from starting law suits that have little chance of success.

Correct Answer
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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?

Correct Answer
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Which of the following statements is TRUE?

Correct Answer
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Correct Answer
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Suneeta successfully sued Olaf in tort. In this situation, it is accurate to say that while Olaf's primary obligation was imposed by law, his secondary obligation was voluntarily created.

Correct Answer
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Paine Enterprises sued Montesquieu Corp in tort. The court held that there had been a failure to mitigate damages. That means that

Correct Answer
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Exam 3: Introduction to Torts

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Correct AnswerverifiedDeterrence is said to be one of the prim...View AnswerShow Answer

Which of the following statements is TRUE?

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Bentham Inc sued Locke Ltd in tort. The judge denied liability on the grounds of remoteness. That means that

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedThe text provided three possible justifi...View AnswerShow Answer

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Lupine Inc successfully sued Wolf Finance Ltd in both tort and contract. In this situation, it is accurate to say that Wolf Finance owed obligations to Lupine, one that arose by operation of law and the other that arose through voluntary agreement.

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Omega Inc purchased a liability insurance policy from WorldWide Insurance Ltd. Which of the following statements may be TRUE?

Correct AnswerverifiedShow Answer

The deterrent function of tort law is based on the belief that the high costs associated with litigation will discourage plaintiffs from starting law suits that have little chance of success.

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

Which of the following statements is TRUE?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Suneeta successfully sued Olaf in tort. In this situation, it is accurate to say that while Olaf's primary obligation was imposed by law, his secondary obligation was voluntarily created.

Correct AnswerverifiedShow Answer

Paine Enterprises sued Montesquieu Corp in tort. The court held that there had been a failure to mitigate damages. That means that

Correct AnswerverifiedShow Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Deterrence is said to be one of the prim...
View Answer

Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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Correct Answer
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The text provided three possible justifi...
View Answer

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Correct Answer
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