Final Exam (Negligence and Unintentional Torts)*

Question 1

Tort

Answer 1

Harm caused to a person or property for which the person can receive a civil remedy by law.

Question 2

Unintentional Torts

Answer 2

Harm caused to a person or property by accident or by an action that was not intended to cause harm.

Question 3

Negligence

Answer 3

Careless acts that cause unintentional but foreseeable harm to a person.

Question 4

Duty of Care

Answer 4

The duty and obligation to foresee and avoid careless actions that could potentially cause harm to others.

ex: a driver expected to abide by the rules of the road

Question 5

Neighbour Principle

Answer 5

The legal responsibility to ensure the duty of care towards one’s neighbour.

Question 6

Foreseeability

Answer 6

The ability of a reasonable person to anticipate a probable outcome.

Question 7

Standard of Care

Answer 7

The level of caution expected of a reasonable person.

Question 8

Reasonable Person

Answer 8

The legal term for a person who demonstrates a sensible level of intelligence, reason, and care.

Question 9

Specialized Standard of Care

Answer 9

The higher standard of care and level of caution expected of a reasonable person with special skills or expertise.

ex: a doctor who has to care for his patients

Question 10

Liability Insurance

Answer 10

Insurance that partially or fully covers the damages awarded in a tort case.

Question 11

Good Samaritan Law

Answer 11

A legal principle that protects a rescuer from being sued if they voluntarily help someone in distress and that person is harmed in the process.

ex: pulling a person out of a burning car, but they scratch their legs on the way out

Question 12

Cause-In-Fact

Answer 12

The “cause and consequences” connection between one person’s actions and another person’s injuries.

Question 13

Apportionment

Answer 13

The division of fault amongst several culprits.

Question 14

Remoteness of Damage

Answer 14

Harm that was unforeseeable by the defendant due to the lack of connection between the defendant’s wrongdoing and the victim’s injury.

Question 15

Intervening Act

Answer 15

An unforeseeable event that interrupts and aggravates the chain of events caused by the defendant.

Question 16

Thin-Skull Rule

Answer 16

The principle that the defendant is responsible for any and all injuries to the victim resulting from their reckless action, regardless of whether the victim was more prone to injury due to a pre-existing condition.

Question 17

Product Liability

Answer 17

The area of law regarding the negligence of manufacturers.

Question 18

Occupier’s Liability

Answer 18

The responsibility of home renters and homeowners to ensure that no one is injured on their premises.

Question 19

Invitee

Answer 19

A person invited onto a property for a business purpose.

Question 20

Licensee

Answer 20

A person with expressed or implied permission to be on someone else’s property for a social visit.

Question 21

Trespasser

Answer 21

A person who enters a property without permission or legal right.

Question 22

Allurement

Answer 22

A site or an object that may attract children and cause them harm.

ex: a public pool, which is guarded with high fences so children don’t unknowingly trespass

Question 23

Vicarious Liability

Answer 23

Legal responsibility for the negligence of another person.

ex: a manager responsible for their employee’s product loss

Question 24

Host

Answer 24

A person who serves alcohol to social guests or paying customers.

Question 25

Strict Liability

Answer 25

The automatic responsibility of the defendant for a plaintiff’s injury, even if the actions of the defendant were not negligent.

Question 26

Contributory Negligence

Answer 26

Negligent acts caused by the plaintiff that helped cause their own injuries.

Question 27

Voluntary Assumption of Risk

Answer 27

The defence that no liability exists because the plaintiff agreed to accept the risk normally associated with the activity.

Question 28

Waiver

Answer 28

A document signed by a plaintiff, releasing the defendant from liability in the event of an injury.

Question 29

Inevitable Accident

Answer 29

The defence that an accident was unavoidable due to an uncontrolled event.

Question 30

Act of God

Answer 30

The defence claiming that an accident was caused by an unexpected natural event, such as a flood or an earthquake.

Question 31

Explanation

Answer 31

The defence claiming that an accident occurred for a valid reason even though the defendant took every precaution to avoid it.

Question 32

Statute of Limitations

Answer 32

A law that specifies the time within which a person can sue for damages.