Ch 12: Torts

Question 1

What is a Tort?

Answer 1

A legal wrongdoing, not included are breaches of contract. When the Law creates a Duty.

• Not to be mistaken with a contract, the

Question 2

Why do we have Torts?

Answer 2

• To create compensation of claimants
  
  • To deter bad conduct
  • To Educate us

Question 3

Actionable Wrongs vs. Non-actionable wrongs

Answer 3

Actionable Wrongs: Can sue
ex:
• Assault (Threaten to hit)
• Battery (Actually hit a person)
• Punch friend in Nose with intention
• Accidentally hit in nose while dancing
• False Imprisonment (Taking someone against their will
• Intentional infliction of mental suffering

Non-actionable wrongs: No legal grounds to sue
•Accidentally hit in nose while dancing

Question 4

Difference b/t tort & Criminal wrong doing enforcement?

Answer 4

Criminal wrong enforced by enforcement officer or crown lawyer. Proof beyond reasonable doubt required.

Tort enforced by injured party & own lawyer

Question 5

Difference b/t tort & Criminal wrong doing Proof Required?

Answer 5

Criminal wrong: Proof beyond reasonable doubt required.

Tort:

Question 6

Name 2 types of Torts & 2 ex each

Answer 6

Intentional 
	• Assault & Battery 
	•Fraud
	• Trespassing
	• Defamation

& un-intentional
• Negligent
• Negligent misrepresentation

Question 7

The Tort of Negligence

Answer 7

All based on DUTY.
• Duty has to be a reasonably foreseeable duty
• Duty breached
• Loss Suffered as a result of negligence (ex: Eng designs building, Construction co. builds, building falls, tenants suffer loss)

• No Duty -> no Negligence so a relationship needs to be created

Question 8

Duty of Care

Answer 8

• Pure Economic loss barred
  
  • Can reduce or limit risk
  • Worker compensation scheme

Question 9

Duty Breached

Answer 9

Occurs when the Standard of Care is not met

• Good to have Quality Control and Checklists to ensure standards are met

Question 10

Proximate Cause: Is your negligence with Step A related to the failure at F?

Answer 10

You have to ask 2 questions:
• Would the loss have occurred without the act of negligence ?
• Did the breach play a SIGNIFICANT role in the failure?

Question 11

Tortious Misrepresentation, Name 3 types

Answer 11

1. Innocent
2. Negligent
3. Fraudulent (Can be Criminal)

Question 12

Tortious Misrepresentation: Negligent

Answer 12

• Needs Duty
  
  • Statement
  • Reasonable Reliance

Question 13

Tortious Misrepresentation: Innocent

Answer 13

• Needs Duty
  
  • Statement
  • Reasonable Reliance
  • Reasonable Reliance

Question 14

Tortious Misrepresentation: Fraud

Answer 14

• Deceit Intentional tort
	• Statement Untrue
	• Defendant knows it's untrue
	• Intended to produce PL
	• 
	•

Question 15

Trespassing is:

Answer 15

• Unauthorized entry on land
  
  • it is a “strict Liability”
  • Property Rights run from underground into the sky excluding fee simple mineral and oil rights

Question 16

Duty to Warn

Answer 16

• Professional Duty to warn impending damage to person or property
• Professional is liable for failure to speak out if caught -> Professional consequences arise
Ex: Doctor prescribing pills should tell the user that they may cause a heart attack

Question 17

Product Liability AKA Manufacturer’s Liability

Answer 17

No contract required b/t consumer and manufacturer • as a manufacturer has a duty to make a product that will not harm the user.
• You must prove it’s defective & manufacturer must prove it met the required standards

“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour/ user”

Question 18

Product Liability Ex:

Answer 18

Manufacturer of Pills tells doc to use product.

Doc is a learned Intermediary that has a duty warn the consumer of the side effects of the product.