Chapter 4: Negligence

Question 1

4 Elements of Negligence

Answer 1

Existence of Duty to Care
Breach of Duty
Injury resulting from the breach
Proximate cause of the injury by the breach

Question 2

Types of Negligence

Answer 2

intentional and unintentional

Question 3

Types of Liability

Answer 3

Strict and conditional

Question 4

The person committing the tort

Answer 4

Tortfeasor

Question 5

Tort Definition

Answer 5

An intentional or unintentional injury (other than a breach of contract) to the victim's
body
mind
property
pocketbook

Question 6

Reasonable Person Test

Answer 6

what would a careful, thoughtful person in the same circumstance have done?

not mentally ill or children

Question 7

Purpose of Tort Law 6

Answer 7

Specifically to restore the injured party to the position he or she was in before the injury

regulation
deterrence
compensation
dispute resolution
education
prevention

Question 8

Strict Liability

Answer 8

A defendant is automatically liable even though no injury has occurred

Question 9

Intentional Torts

Answer 9

Assault (threat of serious unwanted touching)
Battery (act of unwanted touching)
Trespass
Conversion- a person w/o authority wrongfully takes, retains or disposes of the personal property of another
False imprisionment
Intentional infliction of mental suffering
deceit (fraudulently misleading another)
intentional interference with a contract (urging someone to breach a binding contract)
deceit

Question 10

Burden of Proof

Answer 10

Civil 51%

Criminal 98%

Question 11

Defences to Intentional Torts (7)

Answer 11

Consent
Self Defence
Defence of Property
Defence of a 3rd person
Necessity
Legal Authority
Lack of intention

Question 12

Negligence (Unintentional Torts)

Answer 12

A defendant will be liable for a reasonably foreseeable consequence of their actions

51% probable consequence of an act

Question 13

Thin Skull Rule

Answer 13

a tortfeasor who can reasonably forsee some injury as a consequence of their conduct may be liable for more serious consequences

Question 14

The thing speaks for itself

Answer 14

res ipsa loquitur

Question 15

Res ipsa loquitur

Answer 15

the thing speaks for itself

if a plantiff establishes that the injury could not have happened but for some negligence, then the thing speaks for itself

caused by misadventure not normally occurring w/o negligence
the thing causing the injury was w/in the defendants control
the plaintiff did nothing to provoke the accident
the plaintiff had no prior knowledge of the danger

Question 16

Negligence per se

Answer 16

failure to meet the requirements of a government law.

you are guilty of negligence even if there is no injury

Question 17

Contributory Negligence

Answer 17

if you are injured partly or solely because of your own actions

Question 18

Voluntary Assumption of Risk

Answer 18

a person who participates in an activity knowing the injury that could result has VOLUNTARILY ASSUMED a risk

Question 19

Voluntary Assumption of Risk (4)

Answer 19

knew about it
understood the risk
had a choice to avoid the risk
voluntarily assumed the risk
defendant was not in breach of statutory duty from which the injuries flowed

Question 20

Last Clear Chance

Answer 20

When the injuries to a plaintiff are a result of their own actions blame can be placed on someone else when

the plaintiff is negligent
bc of their own negligence, the plaintiff finds themselves in a dangerous situation
defendant is aware of the danger the plaintiff is in
the defendant has an opportunity to avoid the injury by exercising his on ordinary care, but fails to do so.

Question 21

Waivers

Answer 21

When on party agrees to not to try to impose liability on the other if there is an injury

Question 22

Disclaimer

Answer 22

attempts by one party to unilaterally impose on the other the terms specified in a waiver

Question 23

Vicarious Liability

Answer 23

employers are responsible for the torts of their employees

Question 24

Negligent Misrepresentation

Answer 24

If someone negligently gives advice or information knowing the recipient intends to rely on it and the recipient does rely on it to his or her detriment

duty of care is breached

Question 25

Passing off

Answer 25

when the public is mislead into believing that one companies goods/services are those of a similar brand/product.

Question 26

Defamation

Answer 26

publication of a false statement about someone

Question 27

Slander

Answer 27

spoken defamations

Question 28

Libels

Answer 28

written defamations

Question 29

Injurious Falsehood

Answer 29

defaming a business, property or product

Question 30

Food and Drug Act

Answer 30

food service operators may be held strictly liable for selling contaminated food

Question 31

Sale of Goods Legislation

Answer 31

Implied warranties about the goods sold

Question 32

Occupier’s Liability Legislation

Answer 32

Occupiers owe a duty of care to thoes entering on, or in the vicinity of, their premise

Question 33

Invitee

Answer 33

someone who enters upon the occupiers premises while having with the occupier a common interest of mutual advantage (restaurant patron, customers, staff etc)

Question 34

Licensees

Answer 34

someone who is on the premise with the express or implied permission of the occupier (job applicants)

Question 35

Trespassers

Answer 35

on the premise without the implied consent of the owner

Question 36

Prevention of Negligence Claims

Answer 36

SOPs
Staff Training
Regulatory Adherence
Record Keeping
Waivers and Disclaimers
Releases
Insurance