Strict Liability, Vicarious Liability, Insurance, and Remedies

Question 1

The following describes which type of liability?

Liability imposed in limited circumstances even though no negligence or intentional tort occurred

Answer 1

Strict liability

Rylands v Fletcher

Question 2

The following describes the rule from which case?

• If someone brings something inherently dangerous onto land, and that dangerous things escapes onto a neighbor’s land and causes harm, then the person who brought it onto the land is liable for the damage
• If a person makes an unnatural use of land and that causes harm to another, then liability will follow despite there being no negligence

Answer 2

Ryland v Fletcher

Question 3

The folowing establishes a successful case for what type pf liability?

• The defendant used its property in a “non-natural” or inappropriate way for the place. Courts may consider compliance with zoning and environmental regulations
• The defendant brought something onto the property “that was likely to do mischief if it escaped”
• The thing brought onto the land escaped - could be a one time incident or an escape that happens over months or years
• Foreseeable damage was caused as a result of the escape

Answer 3

Strict liability

Question 4

The following describes defenses to which type of liability?

• consent
• “Default to the plaintiff”
• “act of God”
• defense of statutory authority

Answer 4

Strict Liability

Question 5

The following describes which type of liability?

• A person may be held liable for the actions of another due to their relationship (most common between employers and employees)
• Requires no proof of wrongdoing on the part of the person held this type of liable

Answer 5

Vicarious liability

Question 6

What two elements are needed in order to apply vicarious liability?

Answer 6

• was the worker an employee (as opposed to a contractor)
• was the wrongful act done in the course of employement?

Question 7

The following defines which term?

a period of time, defined by statute, within which a plaintiff must commence their claim

Answer 7

Limitation Period

Question 8

What does it mean if a claim is “statute barred”?

Answer 8

The plaintiff waited too long (past the limitation period) and cannot proceed with a claim

Question 9

The following describes what?

Restricting the right to sue in certain circumstances in exchange for compensation

Answer 9

Insurance Compensation Schemes

Question 10

What is the purpose of tort remedies?

Answer 10

To obtain compensation for the damages suffered

Question 11

What are the two types of monetary damages?

Answer 11

• compensatory damages
• punitive damages

Question 12

The following describes which type of monetary damages?

• Damages intended to put the plaintiff in the position they would have been in had the defendant’s tortious conduct never occurred
  Can include:
• Pecuniary damages - quantifiable damages, such as damages to property, medical bills, and loss of income
• Special damages - precisely calculated compensation for pretrial losses (income loss, nursing/personal attendant costs, medical expenses, any travel costs necessitated by the injury, and other out-of-pocket expenses)
• General damages - calculated estimate to compensate for future losses, assessed under three broad heads of damage: future care costs, loss of earning capacity (which covers the plaintiff’s pecuniary losses) and non-pecuniary losses (such as pain and suffering, permanent disability, loss of expectation of life)
• Non-pecuniary damages - damages that are not quantifiable, such as damages for pain and suffering or the loss of quality of life
• Aggravated/moral damages - compensatory damages awarded in circumstances where the defendant’s conduct has been particularly high-handed or oppressive

Answer 12

Compensatory damages

Question 13

The following describes which type of monetary damages?

• Damages awarded to punish the defendant for egregious conduct and act as a deterrent by sending a message that such conduct is unacceptable
• May be awarded where the defendant’s conduct “is so malicious, oppressive and high-handed that it offends the court’s sense of decency”

Answer 13

Punitive damages

Question 14

The following are what type of remedies?

• injunctions (stopping an action)
• declaratory orders (used sparingly with extreme caution)
• Ex Parte Orders (an order granted without having the defendant before court)

Answer 14

Non-Monetary Remedies