Tort

Question 1

What is tort?

Answer 1

Harm arising from an act that violates general duty

Question 2

Objective of tort?

Answer 2

COMPENSATE VICTIMS where inaction or negligence causes harm to another
- damages by injured party: loss of earnings, compensation for pain/suffering, medical expenses (current and future)

Question 3

To protect against tort you need ____ insurance

Answer 3

liability

Question 4

What are the principles of tort law (3 items)?

Answer 4

1. defendant owed the plaintiff a DUTY OF CARE
2. defendant BREACHED THE DUTY by his or her conduct
3. defendant conduct CAUSED INJURY/HARM to the plaintiff

Question 5

What is meant by Duty of Care?

Answer 5

legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others

Question 6

Tort liability is ____

Answer 6

Limited

• tort based on negligence that is an honest mistake may not succeed
• cause of injury must not be too remote (linked to breach in a reasonable manner)

Question 7

Breach of Duty = _____

Answer 7

standard of care NOT met

• expert evidence establishes whether the action (or inaction) was reasonable for a competent member of the profession
• professionals who are specialists have a higher standard of care

Question 8

What is Causation?

Answer 8

• only losses caused by the breach of duty are recoverable

- loss must be proximate to the breach (not too remote)

Question 9

What is Fiduciary Duty?

Answer 9

special relationship of trust in which the party owing the duty (fiduciary) is required to put the interest of the party owed the duty (beneficiary) ahead of its own

• doctor-patient, lawyer-client, consultant-client relationships
• beneficiary is vulnerable to the power of the fiduciary

Question 10

What is the Duty to Warn?

Answer 10

Professionals must warn others of impending damage to persons or property.

Question 11

What is meant by Vicarious Liability?

Answer 11

Form of strict, secondary liability that arises under common law

• ** superior responsible for the acts of subordinate ***
• Company takes financial burden of case for their employee
• -> in the case of employer taking responsibility for employee, the act must have been authorized or connected with an authorized act (similar to normal work duties)

Question 12

Pure Economic Loss?

Answer 12

Financial loss without any associated personal injury or property damage

Question 13

What are Limiting claims?

Answer 13

contractual limitations
- owner’s contract specifically mentions that consultant not responsible for work methods –> so has limited exposure for dangerous work methods

Question 14

What is Product liability?

Answer 14

Manufacturer liable for defective product

- no contract b/w consumer and manufacturer

Question 15

Concurrent liability in Tort and Contract

Answer 15

Unless specifically stated in contract, standard of care expected in a contract is the same as that expected under tort

Question 16

Concurrent Tortfeasors

Answer 16

Two parties are liable for tort

- can be split different between both parties

Question 17

What is Fraud?

Answer 17

• intentional tort

- statements made with the knowledge that they are untrue –> intentionally made

Question 18

What is Trespass?

Answer 18

• intentional tort

- unauthorized entry onto another’s property

Question 19

What is Defamation?

Answer 19

• providing a false statement that harms the reputation of a particular party
• spoken = SLANDER
• written = LIBEL

Question 20

What is Negligence?

Answer 20

an unintentional tort
- an act of omissions in the carrying out of the work of a practitioner that constitutes a failure to maintain the standards that a reasonable and prudent practitioner would maintain under the circumstances

Question 21

Negligence: elements that are required for compensation (3 items)

Answer 21

• defendant owed the plaintiff a duty of care
• defendant breached that duty
• plaintiff suffered a loss because of the breach of duty by the defendant (not too remote)

Question 22

What is transition?

Answer 22

Type of agreement by which a contractor agrees to provide service to a company in a transition period, even though the original agreement is discontinued

Question 23

What is a public nuisance?

Answer 23

interfering with or damaging/obstructing a public right

• e.g. polluting a waterway
• attorney general is the plaintiff

Question 24

What is a private nuisance?

Answer 24

substantial and unreasonable interference with occupier’s use and enjoyment of land/property
- individual who complains = plaintiff

Question 25

What is meant by invasion of privacy?

Answer 25

surveillance, releasing personal information, false identity

• all provinces have specific statues
• federal laws also have statues