Tort Law

Question 1

What is a tort?

Answer 1

A civil wrong-doing.
> When a person acts in an unreasonable way and causes damage or injury to another person (or their reputation); and
> The injured person sues for compensation.

Question 2

2 categories of a tort:

Answer 2

1. Unintentional acts that injure (“Negligence”)

2. Intentional acts that injure

Question 3

3 essential elements of negligence:

Answer 3

1. Existence of a duty of care;
2. Breach of the standard of care; and
3. Damage and causation.

Question 4

Define duty of care, and describe what principle is associated with it:

Answer 4

If the Defendant owes a duty of care to the Plaintiff.

> Neighbor Principle: a duty of care is owed to any person who might reasonably be affected by our actions (“reasonable foreseeability”).
No duty of care is owed to trespassers, unless the trespasser is a child.

Question 5

Describe standard of care:

Answer 5

> Based on the “reasonable person” in similar circumstances rule
Conduct that falls below the standard of care is negligent

Question 6

Describe damage and causation:

Answer 6

If the Plaintiff has been harmed as a result of the Defendant’s negligence.
> Causation in fact.

Question 7

Describe the thin-skull and remoteness rule:

Answer 7

> Causation in law of damage and causation.

> “Thin-skull” rule: if the type of injury was reasonably foreseeable, the Defendant would be responsible for the full extent of injury - if they have a unique, pre-existing medical condition, such as brittle bone syndrome.

> Remoteness rule: if the type of injury was not reasonably foreseeable, the Defendant is not liable.

Question 8

2 defences to negligent action:

Answer 8

1. Contributory negligence; and

2. Voluntary assumption of risk.

Question 9

Describe the contributory negligence defence:

Answer 9

> If the Plaintiff also acted carelessly and contributed to his/her own injury, this may reduce the amount of damages to be paid by the Defendant (only a partial defence).

Question 10

Describe voluntary assumption of risk, and the 2 requirements for this defence:

Answer 10

> If the Plaintiff voluntarily assumed the risk of injury, such as by signing a Acknowledgement of Risk or Waiver (release) form (full defence).

1. Plaintiff knew the risks (acknowledgement of risks forms); and
2. Plaintiff agreed to be responsible for injuries (waiver/release forms).

Question 11

2 types of liability in tort:

Answer 11

1. Vicarious; and

2. Joint and several.

Question 12

The 5 intentional torts:

Answer 12

1. Assault and battery
2. False imprisonment
3. Defamation
4. Invasion of privacy
5. Nuisance

Question 13

Define an intentional tort:

Answer 13

> Defendant acted on purpose and, sometimes, did mean the harm.
They acted unreasonably and harmed somebody.
They can be sued civilly for this.

Question 14

Define assault and battery in the civil justice system:

Answer 14

Assault: threat of imminent physical contact
Battery: actual physical contact (defences: consent; self defense).

Question 15

Define false imprisonment:

Answer 15

> Unlawful detention of a person

> “Detaining”: being held in a confined space; physical restraint; or psychological restraint.

Question 16

Define defamation, and the 2 types:

Answer 16

A false statement that injures another person’s reputation:
> Slander (oral statement of defamation);
> Libel (written statement of defamation).

Question 17

2 requirements of defamation:

Answer 17

1. Have to prove that the statement either spoken (slander), or written (libel), negatively impacts their reputation in a very serious way:
2. Your statement was heard (slander), or read (libel), by at least one other person.

Question 18

Describe the 4 defences to defamation:

Answer 18

1. Truth: if what was said was true, then it is a complete defence;
2. Fair comment: often used by food critics and theatre critics, a defence for opinion (as long as that opinion is based on actually trying the food or watching the movie, and is an opinion that a reasonable person could have);
3. Absolute privilege: specifically covers judges and lawyers, but only in court. Also extends to politicians within the House of Commons or within the Legislative Assembly;
4. Responsible communication on matters of public interest: for the media and press. “Responsible,” as long as they are doing it in a responsible way by checking their sources, and have given the person they’re reporting about a chance to comment.

Question 19

Define invasion of privacy, and the 4 essential elements:

Answer 19

> New tort in Canadian law – “inclusion upon seclusion” tort.

1. Intentional
2. Without lawful justification
3. In relation to a matter of personal privacy
4. Offensive, distressing, or humiliating (according to a “reasonable person” standard).

Question 20

Describe nuisance:

Answer 20

When a person uses their property in such a way that it interferes with their neighbor’s use and enjoyment of their property.

Question 21

3 essential elements for a nuisance:

Answer 21

1. Is the alleged nuisance substantial?
2. Is it unusual?
3. Is it temporary?

Question 22

2 things a court will never declare as a nuisance:

Answer 22

1. Blocking of natural light

2. Blocking of view

Question 23

In negligence law, a duty of care is owed:

(a) Only to those persons with whom you have direct contact.
(b) To any person with whom you have signed a contract.
(c) To any person who might reasonably be affected by your actions.

Answer 23

(c) To any person who might reasonably be affected by your actions.

Question 24

Which of the following is an example of the tort of nuisance which would likely be successful in court?

(a) Your neighbor runs over your garbage can when he is backing out of his garage.
(b) Your neighbor has a fire pit in his backyard and occasionally on a weekend night there is smoke drifting into your backyard.
(c) Your neighbor has glaring, strobe Christmas lights (on his house) that are on display from October 1st until February 1st of each year.

Answer 24

(c) Your neighbor has glaring, strobe Christmas lights (on his house) that are on display from October 1st until February 1st of each year.

Question 25

Which of the following is not an intentional tort?

(a) Battery
(b) Nuisance
(c) Negligence
(d) Assault

Answer 25

(c) Negligence

Question 26

The “thin-skull” rule means that:

(a) A Defendant is not responsible if the Plaintiff happens to have a unique medical condition that worsens their injury.
(b) A Defendant may be responsible if the Plaintiff has a unique medical condition that worsens their injury.
(c) Persons with “thin-skull” cannot sue for their injuries.

Answer 26

(b) A Defendant may be responsible if the Plaintiff has a unique medical condition that worsens their injury.

Question 27

A restaurant sues a food critic who wrote a negative review about that restaurant’s food. The defense that would likely be used by the food critic is:

(a) Absolute privilege
(b) Fair comment
(c) Freedom of the press

Answer 27

(b) Fair comment

Question 28

Which of the following is correct about the “reasonable person” in a negligence action?

(a) The reasonable person knows and follows the law that affects them.
(b) The reasonable person is used to establish the standard of care.
(c) All of the above.
(d) The reasonable person uses common sense.

Answer 28

(c) All of the above.

Question 29

What is the difference between libel and slander?

Answer 29

> Libel is written defamation; and

> Slander is oral defamation.

Question 30

An employer can be held responsible for the negligence of an employee because of which legal concept?

(a) contributory negligence
(b) voluntary assumption of risk
(c) vicarious liability
(d) contributory liability

Answer 30

(c) vicarious liability

Question 31

Which of the following is a defense to a negligence action?

(1) Voluntary assumption of risk
(2) Thin-skull rule
(3) Contributory negligence
(4) Intoxication
(5) Both 1 and 2
(6) Both 1 and 3
(7) Both 3 and 4
8) All of the above

Answer 31

(6) Both 1 and 3

Question 32

Contributory negligence is when:

(a) A third party has contributed to the Plaintiff’s injury.
(b) The Plaintiff has contributed to his/her own injury.
(c) The government will be responsible for the injury.

Answer 32

(b) The Plaintiff has contributed to his/her own injury.

Question 33

A sign that is posted near a swimming pool that reads, “Shallow water; no diving” is an example of which defense to negligence:

(a) voluntary negligence
(b) defense of reasonable signage
(c) voluntary assumption of risk
(d) reasonable person defense

Answer 33

(c) voluntary assumption of risk

Question 34

Which of the following actions is an example of the tort of assault?

(a) You accidently bump into someone in a crowded hallway
(b) The person you bumped into makes a threatening gesture to you
(c) You punch that person you bumped into

Answer 34

(b) The person you bumped into makes a threatening gesture to you

Question 35

Which of these situations provides the best example of defamation?

(a) You are standing in the check-out line of a store when your neighbor sees you and yells out that you are a “horrible person” and a “liar.”
(b) You are standing alone in your garage when your neighbor comes in and accuses you of being a pedophile.
(c) You are in the lobby of your neighborhood church, at the end of service, when your neighbor yells out that you “sell drugs from your home.”

Answer 35

(c) You are in the lobby of your neighborhood church, at the end of service, when your neighbor yells out that you “sell drugs from your home.”

Question 36

What does a court take into consideration when hearing a nuisance action?

Answer 36

(1) Is it unusual?
(2) Is it temporary?
(3) Is it significant?

Question 37

What is the legal principal that holds an employer responsible for the torts of their employees?

Answer 37

Vicarious liability