Chapter 10

Question 1

What is a Tort?

Answer 1

Harm or injury cause by one to another other than through a breach of contract. It provides compensation to the injured party

Question 2

What is Trespass to Lan?

Answer 2

Wrongful interference with someone’s possession of land

Question 3

What is Deceit or Fraud?

Answer 3

False representation, intentionally or recklessly made by one to another to cause damages

Question 4

What is Negligence?

Answer 4

Most common tort, careless act or omission to cause harm to another

Question 5

What is Professional Negligence?

Answer 5

When a professional gives their client incompetent advice that causes loss

Question 6

What is Product Liability?

Answer 6

A producer is negligent to a product being improperly designed/produced

Question 7

What is the Key Objective of Tort Law?

Answer 7

Distinguish between which the loss suffered by an injured person should remain uncompensated or the responsibility for the loss should be “shifted” to other party considered responsible for loss

Question 8

Who is the Tort-Feasor

Answer 8

The party that commits a tort or is responsible for causing the los

Question 9

What are Intentional Torts?

Answer 9

Acts are committed on purpose

Question 10

What is a Tort of Assault?

Answer 10

A threat of physical harms without actual physical contact. Eg. Bouncer gestures wildly in someones face

Question 11

What is Tort of Battery?

Answer 11

Intentional infliction of harmful or offensive physical contact. Eg. Bouncer ejects someone from a premise

Question 12

What are Torts through Negligence?

Answer 12

Eg. Bar’s responsibility to keep floors in a safe condition. Can be sued for negligence if someone is hurt from it

Question 13

What is the purpose of Criminal Prosecution?

Answer 13

To censure behaviour and to secure punishment of a fine or imprisonment, sometimes both

Question 14

What is the purpose of Tort Claims?

Answer 14

To compensate victim for harm suffered to another person’s actions

Question 15

Who commences the actions in Criminal Law?

Answer 15

Most often brought by crown prosecutor employed by F or P governments, called defendant/accused and complainant

Question 16

Who commences the actions in Tort Law?

Answer 16

Injured party bring the legal actions, called defendant and plaintiff

Question 17

What proof of actions are needed in Tort Law?

Answer 17

Prove that they are responsible for tort, and there is better than 50% chance they were harmed

Question 18

What is a Primary Liability?

Answer 18

Arises due to one’s one personal wrongdoing

Question 19

What is Vicarious Liability?

Answer 19

Arises due to the relationship that someone has to the person who commits the tort. If there is a significant connection between employee and employer

Question 20

What are the Doctrine of Vicarious Liability based on?

Answer 20

Employers can control employees and should be liable for employee, Person who benefits from a business enterprise should bare the associated costs, Plaintiff have a good chance of being compensated, Employer should be given incentive to prevent torts from even occurring

Question 21

Who are Joint Tort-Feasors?

Answer 21

2 or more people whom a court has held to be jointly responsible for plaintiffs loss or injuries, victim can sue any or all of them

Question 22

What is Contributory Negligence?

Answer 22

A defence claiming that plaintiff is at least partially responsible for harm that occurred, amount of damages plaintiff is awarded is reduced by the proportion where the plaintiff is responsible

Question 23

What is the purpose of damages in tort?

Answer 23

Money is a common form of compensation, but can also be an injunction -> prohibited behaviour. Compensation has limits

Question 24

What is a Worker’s Compensation Legislation?

Answer 24

Provides no-fault compensation for injured employees in lieu of their right to sure for tort, provides monetary compensation to prevent them from suing

Question 25

What are Non-Pecuniary Damages?

Answer 25

“general damages” awarded to compensate the plaintiff for pain and suffering, loss of enjoyment of life, loss of life expectancy

Question 26

What are Pecuniary Damages?

Answer 26

Compensation for out of pocket expense: Special damages(ambulance costs, medical costs), loss of future income(value of plaintiff’s diminished earning capacity resulting from injuries) and cost of future care(provide care and assistance with injury)

Question 27

Where Punitive Damages?

Answer 27

Awarded to plaintiff to punish the defendant for malicious conducts

Question 28

What are Aggravated Damages?

Answer 28

Compensate plaintiff for intangible injuries such as distress and humiliations cause by defendant

Question 29

What are the result in ignoring tort risks?

Answer 29

Incurring costs of a tort that could have been avoided, losing insurance coverage cause of poor claims, losing a hard-earned business reputation