Tort Quiz

Question 1

What is intentional tort and give an example.

Answer 1

Intentional tort is when a person deliberately caused harm to another person by assault and battery or false imprisonment.
Ex.) trespassing

Question 2

List the elements of negligence 4

Answer 2

-Duty of Care
-Breach of duty of care
-Causation
-Actual harm or loss

Question 3

List the defences for negligence and explain one.

Answer 3

-Contributory Negligence
-Inevitable accident
-Voluntary assumption of risk

Voluntary assumption of risk is when the plaintiff clearly knew the risk of his or her actions and made a choice to assume risk.

Question 4

List the special types of negligence and explain one. 5

Answer 4

-Occupiers liability
-Occupiers liability acts
-Motor vehicle Negligence
-Seat belts and negligence
-Professional negligence

Professional negligence is when a “professional” like doctors or engineers have specialized knowledge and skills, and they must provide a certain standard of care.

Question 5

List the trespass to person and land. 5

Answer 5

-Assault
-battery
-False imprisonment
-Trespass to land
-Nuisance

Question 6

List defences for trespassing.

Answer 6

-Consent
-Self-defence
-Defence of others
-Defence of property
-Legal authority
-Necessity

Question 7

Define two defamation of character.

Answer 7

-Slander: Slander is defamation through words, sounds, physical gestures, or facial expressions. It may be unintentional.

-Libel: Libel is defamation in a more permanent visual or audible form of slander. Such as radio or television.

Question 8

List the defences for defamation.

Answer 8

-Truth
-Absolute privilege
-Qualified privilege
-Fair comment

Question 9

What is unintentional tort and give an example.

Answer 9

Unintentional tort is when a person unintentionally caused harm by assaulting or battery someone or false imprisonment. I’m order to prove negligence you must have unintentional intent.
Ex. Car crash

Question 10

Define negligence.

Answer 10

Negligence is a failure to exercise reasonable care that results in Injury to another; damaging actions that are careless, unintentional and unplanned.