Other Concepts

Question 1

Burden of Proof

Answer 1

• Plantiff has the burden of demonstrating that the elements of a tort exist
• Who has the burden to prove that it is more likely or not
• Once the plaintiff has satisfues its burden (by showing in evidence that all elements of the tort are present), the burden shifts to the defendant to show that they did not commit the tort, or that they have a valid defence

Question 2

Circumstantial Evidence

Answer 2

any item of evidence, testimonial, or real, other than the testimony of an eyewitness to the material fact

Question 3

Circumstantial Evidence Rule

Answer 3

• It is any fact from the existence of which the trier of fact may infer the existence of a fact in issue
• A plaintiff can meet the burden of proof by using circumstantial evidence to show that the defendant’s negligence was most likely cause of the injury

Question 4

Vicarious Liability

Answer 4

• Businesses should bear all the risk
• Employers are generally liable for the tortious actions of their employees, when that employee is acting in the course of their employment
• The employee is also held liable to the injured party and may be liable to the employer as well