Chapter Four - Tort Law

Question 1

What is Tort Law?

Answer 1

The purpose of Tort Law is to compensate victims who have suffered injury or wrong as a result of the actions of an individual or organization.

Question 2

What is Criminal Law?

Answer 2

The purpose of Criminal Law is to hold citizens accountable to each other under a society’s criminal code which spells out how the citizens of that society should treat each other.

Question 3

State the 3 requirements for a successful action under Tort Law.

Answer 3

1. The defendant owed the plaintiff a duty of care.
2. The defendant breached that duty of care.
3. The defendant’s conduct caused injury to the plaintiff.

Question 4

What is Public Nuisance?

Answer 4

Public Nuisance is an act or omission that affects the lives, safety or conduct of the public or a section of the public.

Question 5

What is Private Nuisance?

Answer 5

Private Nuisance may be injury to the property of someone or the interference to the enjoyment of that property.

Question 6

List and describe the defenses against a Tort of Defamation.

Answer 6

1. Proof.
2. Fair comment.
3. Absolute privilege.
4. Qualified privilege.

Question 7

What is negligence and what must a plaintiff substantiate in order to win a case of negligence.

Answer 7

1. Negligence occurs when one party acts in a manner that is unreasonable and below expected standards and it results in harm to another party or their property.
2. The plaintiff must substantiate the same three elements as with other tort cases;
   a. the defendant owed the plaintiff a duty of care.
   b. the defendant breached that duty of care.
   c. the defendant’s conduct caused injury to the plaintiff.

Question 8

List and describe the facts that are considered by the court when it is reviewing the required standard of care.

Answer 8

1. How likely was any damage to occur?
2. How serious could the damage be?
3. Who is likely to be affected?

Question 9

To what does the thin skull rule pertain?

Answer 9

This rule states that one takes the victim as they are found.

In other words, the defendant cannot argue that the plaintiff suffered a brain injury due to a pre-existing condition or state, such as a skull that is thinner than average, and therefore the defendant is not fully responsible for all of the damage that ensued.

Question 10

Which case is most often cited for the tort of product liability and why is it important?

Answer 10

The case most often cited in product liability is Donoghue v. Stevenson.

This ruling is important because it set the precedent that manufacturers of products owe a duty of care to persons other than the actual persons who purchased the product.

Question 11

What precedent was set by the Hedley Byrne v. Heller decision?

Answer 11

The Hedley Byrne v. Heller set the precedent that a negligently made statement which caused the plaintiff to suffer only pure economic loss was deemed cause for recovery of damages.

Question 12

How does a court normally decide on the level of standard of care required from a professional in the performance of their duties?

Answer 12

The courts base the standard of care required of a professional on what is a reasonable level of care and skill expected of a professional of normal competence. The court measures reasonable care against the established professional standards of the professional organization as well as against situational factors that may require a higher standard of care than that determined by the professional standard.