Class 5 (Law)

Question 1

Categories of torts

Answer 1

Intentional Torts
Property tort
Negligence

Other: Dignitary tort(defamation), Economics tort (fraud), Liability torts(products liability)

Question 2

Intentional Torts include

Answer 2

Assault (threat before)

Battery

Question 3

Property tort include

Answer 3

Trespass

Nuisance

Question 4

Standard of proof for all private law claims

Answer 4

Balance of Probabilities

Question 5

4 main components of a negligence claim (need 4 elements to claim a negligence)

Answer 5

1. Duty of Care (standard of reasonable person, another nurse would do the same?)
2. Breach of Duty (norm and standard of role)
3. Causation (act/omission with direct cause of the loss/damage… Would the injury have occured without the breach?)
4. Damages (compensation: pecuniary and non-pecuniary)

Question 6

Extracontractual liability

Answer 6

duty by the rule of conduct, not cause injury to another by the act of things in his custody.

Question 7

Elements of liability

Answer 7

Fault
Damage
Causation (what is the diff. possible that could cause that damage? Adequate causation)

Question 8

Contractual liability

Answer 8

Duty to honour his contractual undertakings

Question 9

Class of Criminal offence

Answer 9

Indictable offences

Conviction offences

Question 10

Indictable offences

Answer 10

• Murder 1st & 2nd degree
• Criminal negligence causing death
• Attempted murder
• Threft of property over 1,000$

(2y to life prison)

Question 11

Conviction offences

Answer 11

• Discharging a firearm in a public place
• Loitering (flanner)
• Trespassing

less than 2 y prison

Question 12

Professional Obligations of nurses

Answer 12

Obligation of means towards patients

Hospital and doctor can sue the nurse

Question 13

Professional Obligations of hospital

Answer 13

Legal responsibility toward patients (vicarious liable for the actions of its staff)

Question 14

Professional Obligations of the doctor

Answer 14

Obligation of means toward patients

Responsible for the actions of a nurse

Question 15

Professional Misconduct

Answer 15

licence/profession, practice w/o licence, stole meds/narco, work in influence of drugs)

Question 16

Professional Malpractice

Answer 16

Not involve misconduct. act or function in a way that is careless or lacking in skills. Do your job but not in the best ways. Negligence.

Question 17

Tort synonym in Qc

Answer 17

Delicts

Question 18

Contributory negligence

Answer 18

its a legal principle that if the plaintiff is in any way partly responsible for his or her injuries as result in the negligence, contribution of the defense is least significant or not significant.

Question 19

Coroner’s inquest

Answer 19

Its a dead investigation, its not a criminal trial, no accused person. (none of the evidence and testimony given at an inquest may be used in a criminal tial.)

Question 20

Guideline for proper documentation

Answer 20

Record contemporaneously
Record only your own actions
Record in chronological order
Record clearly and concisely
Make regular entries
Record corrections clearly
Record accurately
File incident reports
Record legibly